Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

While I agree with the principle behind amendments Nos. 68 and 75 in the name of Deputy O'Sullivan, these amendments are also unnecessary.

I wish to make an important point to the House. Information relating to cautions, investigations without charge and dismissals under the Probation Act 1907 are already covered by the Data Protection Acts. Section 2 of the Data Protection Act provides that sensitive personal information includes any information relating to "any proceedings related to an offence committed by a person or the sentence of any court in regard to such offence". Under the provisions of the Data Protection Act, the Garda may not disclose such information except as provided for in law. To do so would be a breach of the Data Protection Acts, and the use of such data by the Garda is already monitored and supervised by the Data Protection Commissioner under the Data Protection Acts. Therefore, there is no necessity to make any such provision in this Act.

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