Alex White (Dublin South, Labour) | Oireachtas source

As we are discussing amendments Nos. 3 to 10, inclusive, together, I will deal with them accordingly. The complaints procedure set out in the Bill refers to the process which owners or occupiers of property can follow in the case of a postcode-related complaint. The complaints procedure is set out in the postcodes contractor's code of practice. The postcode contractor has consulted with the office of the Data Protection Commissioner in the drafting of the code of practice, and the Office of the Data Protection Commissioner has made a number of observations and recommendations which the postcode contractor is happy to accept. The Office of the Data Protection Commissioner has stated that it will approve the code of practice once these changes have been incorporated.

The Data Protection Act provides powers for the Data Protection Commissioner to investigate complaints and enforce compliance with the Act. Those provisions apply to any postcode-related complaints which the commissioner may receive. There is nothing to prevent persons complaining to the Data Protection Commissioner where there is a perceived breach of the Data Protection Act in the context of the postcodes project. It is, therefore, neither necessary nor appropriate to set out investigative functions for the Data Protection Commissioner in this Bill, given that there is a statutory regime already in place.

The Office of the Data Protection Commissioner was consulted extensively during the drafting stages of the Bill and at no stage indicated that the provisions set out in the 1988 Act are inadequate. I repeat the core point I have made to the Deputies on this issue that the very considerable protections contained in the Data Protection Acts remain and will endure. Nothing is being done to disturb, remove, delegate or abdicate the powers of the Data Protection Commissioner under the Acts, powers it is proper that she should have, and which are in no way being removed or lessened in this legislation.

For those reasons, regrettably I am unable to accept the amendments.

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