Mick Wallace (Wexford, Independent) | Oireachtas source

I move amendment No. 59:

In page 39, line 3, after "subjects," to insert "and subject to subsection (2),".

We proposed a number of amendments to section 49 of the Bill on Committee Stage. We are returning with some of the same amendments on Report Stage and we have left others behind. We have taken on board some of the concerns listed by the Minister on Committee Stage. It is significant that these concerns are shared by a number of other member states. We appreciate that there are many factors at play in this section, which essentially provides exemptions from the GDPR requirement for explicit consent for the processing of special or sensitive categories of data. Obviously, that is fine as long as we adhere to the possible exemptions provided for in the GDPR. This amendment proposes that processing might take place without the consent of the data subject if the data controller cannot reasonably be expected to get this consent, for whatever reason. In other words, obtaining consent should be a reasonable step. As the Minister has said he has sought advice from the Office of the Attorney General about the need for this section, we will not force the issue. The processing of special categories of data is a serious issue under the GDPR. That is what we are trying to highlight in this section. We appreciate the concerns of the Department and the Minister about the problems that arise with regard to contracts because of the definition of "consent" in Article 4.

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