Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

This is an interesting amendment put forward by Deputies Clare Daly and Wallace. Since it was discussed on Committee Stage, I have had an opportunity to look in more detail at Article 22 on the issue of micro-profiling. It deals with decisions based solely on automated processing including profiling.

It is worth pointing out that Article 22(3) gives specific recognition to the fact that a data subject is entitled to have the right to obtain human intervention on the part of the controller. I note what the Minister said. Part of the problem that arises in respect of legislation, however, is that part of it gives further effect to the GDPR and other parts of the legislation give effect to Directive (EU) 2016/680. There is an attempt in section 56 to indicate the rights individuals have under Article 22. I note it begins by stating it is subject to Article 22(4). Any person looking at what will hopefully become the Data Protection Act by this time next week will want to know the full extent of his or her rights under section 56. Under the legislation, he or she would then have to go to Article 22 of the GDPR to find out that he or she has a right to obtain human intervention on the part of the controller in order to assess whether an automated decision can be checked again.

Unless I hear a convincing argument from the Minister in response, my inclination is to support the amendment.

See this speech in context