Dáil debates

Wednesday, 16 May 2018

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed)

 

6:20 pm

Photo of Mick WallaceMick Wallace (Wexford, Independent) | Oireachtas source

We appreciate the Government's coming back with amendment No. 86 which is a version of a variety of amendments we tabled on Committee Stage and which we resubmitted in case the Government did not do so. We are happy to support it and will withdraw our amendments Nos. 87 and 90.

These amendments deal with DPOs who work for competent authorities as this section is in Part 5, the criminal justice part. We are curious as to why the Government has rejected our suggestions in amendments Nos. 88 to 91, inclusive. These are, briefly, that a DPO shall not be penalised for the performance of his or her tasks, that one of the DPO's functions is to act as a point of contact for people in regard to what is happening to their information and their rights under this Part, and that a data subject may contact a DPO to ask questions about what is happening to their data and what kind of rights they have under this Part. While we will not push amendment No. 89, we think amendments Nos. 88 and 91 are important.

DPOs, particularly in competent authorities such as An Garda Síochána which has a less than stellar reputation for dealing with people who point out wrongdoing, should have the same protections as their colleagues in other public bodies. Article 38 of the GDPR which applies to everyone except competent authorities like the Garda states that a DPO "shall not be dismissed or penalised by the controller or the processor for performing his tasks". Why would we not protect them similarly under Part 5, especially since the Government has accepted the general principle of giving DPOs in Part 5 most of the Article 38 protections? Equally what reason could there be for a DPO not to have as part of his or her job answering questions from people suspected of crime or victims of crime about what is happening to their data and what kind of rights they have under this Part?

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