Pa Daly (Kerry, Sinn Fein) | Oireachtas source

I thank the Minister of State for his reply. If someone breaches confidentiality after a direction is given, he or she is liable to a class A fine. Thankfully, there is still no offence on indictment, but this still threatens an inequality of arms, as many ordinary people, or even activists who are interacting with the DPC, will not be in a position to pay such a fine.

The amendment has created a great deal of concern among privacy and transparency activists. It is their view that the commission already uses its powers to direct non-disclosure far too liberally. According to the Government, the intent behind the law is to protect data given to the commission rather than to give the commission the ability to declare proceedings confidential. On a reading of the amendment, however, the powers are radical in that they set aside the intent or the context where the commission argues doing so is necessary in a case.

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