Mr. Dale Sunderland:

Head 40 is one of the points I tried to cover in my opening statement in that the Department has accepted the concerns raised by the DPC that the proposed head was inadequate on any restrictions that might be imposed. In the context of Article 23 of the GDPR, we said in July, what was proposed did not meet that standard. The Department has acknowledged that and is now working to remedy that problem. It would conduct a deep analysis as to the GDPR rights it proposes to restrict, why that is necessary, how it is proportional and necessary to do so and to do so in a way that meets the requirements of Article 23. It will revert to us on that.

I also envisage that such restrictions continue to be a feature of the Bill, that it will be a very different head by the time the Bill is formally published. That is positive and we welcome the Department's hearing our views on that. The right of access is not an absolute in respect of information sessions and I have referenced Article 15(4) of the GDPR in that the right of access cannot adversely impact the rights and freedoms of others. That is where we understood the concept of an information session. The DPC is not casting judgment one way or another whether an information session is the appropriate solution, but it was the mechanism by which we understand the Minister and the Department are trying to ensure the rights of others are not adversely affected in order that the right of access does not need to be restricted. Ultimately, it was intended to facilitate the full right of access in order that this balancing of rights could happen in an appropriate way under Article 15. That is our understanding and I am not passing judgment on the policy choices within that, but from the GDPR perspective, that is the intention of providing for that framework.

There is not much more I can say on that matter, unless the Deputy wishes to put a further specific question to me. The Deputy had a third part to her question, which I have forgotten. I would be grateful if she could remind me.