Dáil debates

Wednesday, 24 February 2010

Communications (Retention of Data Bill) 2009: Report Stage (Resumed)

 

5:00 am

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)

I move amendment No. 7:

In page 8, line 25, after "fit," to insert the following:

"and with due regard to the rights of any person whose life, bodily integrity or property was sought to be vindicated in the criminal investigation concerned,".

The purpose of this amendment is to ensure that some balance is brought into the question of how to deal with a minor breach of section 6. If there is a breach, the user will be notified and may be compensated, but if any prosecution is to be quashed as a result of the destruction of the evidence on the orders of the Data Protection Commissioner, there must be some consideration of the rights of the victim concerned. That is the justification.

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