Dáil debates

Wednesday, 16 July 2014

Freedom of Information Bill 2013: Report Stage (Resumed)

 

2:55 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

It is on the basis of practicality. I consider the deletion of the section I inserted on Committee Stage as being a retrograde step. We had this discussion on Committee Stage. I accepted that the wording of section 17(4), published originally in the Bill in July 2013, gave an erroneous impression that access to FOI records concerning electronic recording was being somewhat restricted. Far from causing a restriction, that is not my intention. The Bill contains a number of provisions to take account of technological advances. To clarify, that includes electronic records and encompasses all databases.

In response to the confusion and the debate we had caused by the original wording of subsection 17(4), I published the alternative wording for that section on Committee Stage. It was designed to explain the matter with more clarity. That wording was accepted and is now part of the Bill. Section 17(4) requires bodies to take reasonable steps to search for and extract data whether or not that would result in the creation of a new record. Previously, there was confusion as to whether the extraction of data from electronic sources, brought together in one record, would create a new record and would not therefore be permitted under the Act. The purpose of section 17(4) is to remove that uncertainty. It is a positive development to ensure greater access to a variety of data - held extraneously or differently on a variety of databases - which can be amalgamated into a single new data file and be covered under the Act. That is a great advance and I hope it meets the concerns expressed by the Deputy.

Comments

No comments

Log in or join to post a public comment.