Dáil debates

Tuesday, 15 May 2018

Data Protection Bill 2018: Report Stage

 

9:15 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

With regard to amendment No. 20, Deputy Clare Daly's own words are that it appears awkward. I still maintain it is unnecessary on the basis that the legal basis for such regulation exists in Article 6(1)(e) of the GDPR. They will clarify that the processing being carried out in certain cases is necessary for the performance of the task.

Deputy Ó Laoghaire's amendment No. 82 will require the data protection commission to carry out a detailed impact assessment. It will be a matter for the data protection commission itself to carry it out and to decide how best it might deal with concerns. I am concerned about setting mandates in legislation that might be interpreted as a form of infringement.

In respect of the earlier amendments, acknowledging the fact that amendments were carried on Committee Stage, there is no need to have similar subsections in sections 50 and 59 as proposed in Deputy Clare Daly's amendments Nos. 62, 79 and 81. I confirm that the Office of the Attorney General has stated that if the resolution mechanism is in section 6 as it is, there is no need for a specific mention in sections 50, 59 and 72. I think that meets the Deputy's concern.

Comments

No comments

Log in or join to post a public comment.