Gerald Nash (Louth, Labour) | Oireachtas source

I appreciate that this is a technical matter but I would like to have my views on the matter recorded. The Minister of State is welcome this evening and, on behalf of the Labour Party, I welcome this move. I thank the Minister of State's officials for the briefing afforded to my colleague and I on the matter yesterday. We understand that these measures are required, and certain identified restrictions on GDPR rights may be imposed with the approval of these Houses to safeguard important Central Bank-related objectives of public interest.

The draft regulations cannot and should not impose blanket restrictions. That would be problematic and go against the letter, intention and spirit of laws about the right of access to information. Any approach to the issues at hand today has to be proportionate. That is a word that peppers much of the commentary about these kinds of issues. When deciding on restrictions of this nature, account must be taken of the extent to which the exercise of the right or compliance with the obligation would prejudice the achievement by the bank of a relevant objective, the essence of the right to data protection of the data subject and the risks to the rights and freedoms of the data subject which might result from such a restriction. I note that data subjects in the context of these regulations more generally are to be notified of restrictions arising from this and of their right to complain to the Data Protection Commissioner in a concise, intelligible and easily accessible form, using clear and plain language. It is important that data subjects know where they stand. Their rights and entitlements in this complex area must be made crystal clear and obvious to them at all times.

I am by no means an expert on data law or data matters but I believe, from the advice I have received, that the right balance has been struck and that once used responsibly and proportionately, these measures can serve as another important protection for the State and the taxpayer against the scourge of white-collar crime. We have seen, on too many occasions over the years, many cases where powerful individuals take refuge behind such instruments as the recent GDPR to delay and deny the course of justice. We must guard against that. These particular restrictions are balanced and proportionate, and we are happy to support the Minister of State's approach and proposition this evening.

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