Mairéad Farrell (Galway West, Sinn Fein) | Oireachtas source

The motion relates to regulations which came into operation on 30 October 2019. The Data Protection Act 2018 (Central Bank of Ireland) Regulations 2019 were introduced to permit the rights of data subjects under Articles 12 through 22 and 34 and controllers' obligations under Article 5 of the general data protection regulation, GDPR, to be restricted to the extent necessary and proportionate to allow the Central Bank to perform certain functions. The motion before us today does nothing to change the substance of these regulations whatsoever. In fact, it does nothing more than correct an indentation error which was made in the printing process of the regulations which came into effect in October of last year.

The regulations themselves apply to personal data, in respect of which the Central Bank is a controller and which are processed by the Central Bank, in pursuit of what is defined as a "relevant objective" and pursued by the Central Bank in carrying out a "relevant function". This is defined as an important objective of general public interest, as referred to in the Data Protection Act 2018. These relevant objectives include avoiding obstructions to any official or legal inquiry, investigating or prosecuting breaches of ethics for regulated professions, and taking any action for the purposes of investigating a complaint made to a regulatory body. Under the regulations, the restriction of data subjects' rights or controllers' obligations must be necessary and proportionate. As we all know, the restriction of data is a serious issue which must be justified and justifiable. Are these regulations, which permit the restriction of data access in prescribed circumstances, monitored to ensure the restriction is both necessary and proportionate?

The regulations also provide that where data subjects' rights or controllers' obligations are restricted, the Central Bank must notify them in writing, except in very limited circumstances. It also gives the data subject the right to submit a complaint to the Data Protection Commissioner. Will the Minister of State provide an update on the number of such complaints lodged with the Data Protection Commissioner since these regulations came into force last year?

The motion before us today is not one of substance but rather a technicality. It is a formatting issue. Having spoken to the Central Bank policy unit in the Department of Finance, I understand that there was an indentation in regulations 3 and 7 of the regulations published last year. The effect of the indentation is quite significant. For example, due to the indentation error, financial services legislation would not relate to the operation of the Central Credit Register. This is the error which the regulations before us today seek to address, specifically by reformatting regulations 3 and 7. I see no issue with these changes but I have some questions for the Minister of State. Has the Central Bank, as a result of this indentation error, restricted data subjects' rights in a way that is in contravention of the regulations published last year? As a consequence, could the Central Bank be open to legal challenge?

While I have the opportunity to speak about issues relating to the Central Bank, I also raise the second private motor insurance report, published as part of the national claims information database. Its findings are clear and lay bare the price-gouging activities of the insurance industry. Since 2009, insurance premiums have risen by 35%, despite the cost of claims falling by 9% and the number of claims made falling by 45%. Today's report confirms what we in Sinn Féin have been saying for some time. Premium costs for consumers have gone up while the cost of claims for insurance companies has fallen. Last year alone, the insurance industry recorded profits of €142 million. The Government has failed to rein in the industry and consumers cannot afford inaction any longer.

In the next months, my colleague, Deputy Pearse Doherty, will introduce legislation to ban the practice of dual pricing by the industry. What will the Minister of State do about this?

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