Ms Niamh Hodnett:

On Senator Seery Kearney's first point, the trends will be very beneficial. We have not yet had an enforcement case but the work of the Data Protection Commission in publishing its previous enforcement decisions is instructive. It shows trends and it also shows guidance. It can encourage others on how best to come into compliance without having to run the rigor of an enforcement case. There is a lot of merit in this approach. It is one we will certainly bear in mind as we move forward with our own enforcement powers.

With regard to criminal prosecutions they are against an organisation but they can also be against senior directors or officials in the organisation where they are the guiding will and mind. It is both the organisation and individuals.