Dáil debates

Thursday, 25 May 2023

Saincheisteanna Tráthúla - Topical Issue Debate

Industrial Relations

4:30 pm

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

Maybe the Deputy is. I cannot speak for myself. As I said earlier, Ireland's system of industrial relations is voluntary in nature and responsibility for the resolution of industrial relations issues lies ultimately with employers and workers and their respective representatives, as appropriate. Enterprises and their employees are at liberty to negotiate a form of collective agreement that can provide bespoke arrangements to enhance existing GDPR protections as necessary.

The statutory regulation of technical surveillance in the workplace, that is, the general data protection regulation in the Data Protection Act 2018, has significantly increased employers' obligations and responsibilities regarding how they collect, use and protect personal data. As outlined, any employee may request the Data Protection Commission to enforce his or her rights regarding data protection. The resolution mechanisms provided by the State are also open to trade unions to raise issues of non-compliance with the GDPR or data protection legislation in the workplace.

The recommendations for Government is that the Government should undertake research on the possible legislative changes that may be required to keep pace with technological advances, while ensuring proper regulation of employers' collection and use of data from surveillance functions. Another recommendation is that the Government should also seek the Data Protection Commissioner to be proactive in inspecting employments to ensure adherence to GDPR legislation. The points raised by the Deputy are really important, particularly at a time of full employment in the country. This should not be happening at all but the fact that we must seek this level of compliance is difficult. It is upsetting for workers and it is very valid for the Deputy to raise this here this afternoon.

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