Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 80:

In page 47, to delete lines 27 to 40, and in page 48, to delete lines 1 to 10 and substitute the following:“(9) Subject to subsection (10), regulations may be made under subsection (5) or (6)—

(a) by the Minister following consultation with such other Minister of the Government as he or she considers appropriate, or

(b) by any other Minister of the Government following consultation with the Minister and such other Minister of the Government as he or she considers appropriate.

(10) The Minister or any other Minister of the Government shall consult with the Commission before making regulations under subsection (5) or (6).

(11) The Commission may, on being consulted under subsection (10), make observations in writing on any matter which is of significant concern to it in relation to the proposed regulations and, if the Minister or any other Minister of the Government proposes to proceed to make the regulations notwithstanding that concern, that Minister shall, before making the regulations, give a written explanation as to why he or she is so proceeding to—

(a) the Committee established jointly by Dáil Éireann and Seanad Éireann known as the Committee on Justice and Equality or any Committee established to replace that Committee, and

(b) any other Committee (within the meaning of section 19(1)) which that Minister considers appropriate having regard to the subject matter of the regulations.

(12) Regulations made under this section shall—

(a) respect the essence of the right to data protection and protect the interests of the data subject, and

(b) restrict the exercise of data subjects’ rights only in so far as is necessary and proportionate to the aim sought to be achieved.”.

See this speech in context