Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 100:

In page 96, between lines 1 and 2, to insert the following:“Rights under Article 80(1)

107. (1) In addition to the rights conferred on a data subject under Article 80(1) to mandate a not-for-profit body, organisation or association to which Article 80(1) applies to lodge a complaint on his or her behalf with the Commission and, under section 116(7) to take a data protection action on behalf of the data subject, a not-for-profit body, organisation or association to which Article 80(1) applies may, independently of a data subject's mandate, and if it considers that the rights of a data subject under a relevant enactment have been infringed as the result of the processing of personal data in a manner that fails to comply with a relevant enactment, take the following actions on behalf of a data subject—

(a) lodge a complaint with the Commission under section 107,

(b) exercise the rights referred to in section 116 and section 149.

(2) Where the Commission or a court, in performing its functions under this Act, has reasonable doubts as to whether a particular body, organisation or association is one to which Article 80(1) applies, it may request the provision by the body, organisation or association concerned of such additional information as is necessary in order to confirm that it is such a body, organisation or association.”.

I have my office on to tell me that the Minister was not right on his last amendment so I do not know which is right. My head is melting. I hope we have not conceded in the wrong on amendment No. 93.

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