Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

If a Deputy puts forward a Topical Issue and has done work on it, in the interests of fairness, he or she should be informed if the relevant Minister cannot take the matter. I just wanted to state that.

I thank the Deputy for raising this matter. This issue arises in relation to the report produced by the Financial Services Union on employee experiences of technological surveillance in financial services, which was published in April. The Minister has noted the recommendations in the report. The report suggests that the concerns of employees around technological surveillance can be addressed in two ways, namely, through collective bargaining between employers and employee representatives and through statutory regulation.

With regard to collective bargaining, it has been the consistent policy of successive Irish Governments to support the development of an institutional framework facilitating a voluntary system of industrial relations, premised upon freedom of contract and freedom of association. This system has served us well over the decades and there is an extensive range of statutory provisions in place to provide legislative support for a voluntary system of industrial relations. The freedom of association and the right to organise and bargain collectively are also guaranteed in a number of international instruments the State has ratified and which it is, therefore, bound to uphold under international law.

Statutory regulation of technical surveillance in the workplace falls under the terms of general data protection regulation, GDPR, and the 2018 Data Protection Act, which have significantly increased employers' obligations and responsibilities in relation to how they collect, use and protect personal data. The Data Protection Commission, DPC, is the national independent authority responsible for upholding the fundamental right of individuals to have their personal data protected. The DPC is the Irish supervisory authority for the GDPR, and also has functions and powers related to other important regulatory frameworks, including the Irish e-privacy regulations of 2011 and the EU directive known as the law enforcement directive. Any employee may request the DPC to enforce his or her rights in relation to data protection.

Trade unions may raise issues of non-compliance with GDPR or data protection legislation with employers, or may raise their members’ concerns with regard to workplace surveillance as part of collective bargaining. If parties cannot agree, it is open to them to use the industrial relations dispute resolution mechanisms operated by the Workplace Relations Commission and the Labour Court.

I agree with the Deputy. Technology is moving on so rapidly, at a frightening pace. It is important that the Deputy has raised this issue.

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