Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank the Deputy for outlining the current position and what we discussed previously. It is a given that the processing of personal data by any party must be in accordance with GDPR and law, particularly the legal framework provided by GDPR. As the Deputy noted, the advice I have been given is that section 41 does not alter that in any way or affect the data privacy rights of any person. If it had been intended to provide such a basis in the legislation, that would have to be explicitly provided for in the Bill. I appreciate the view of some people that stating this does not do any harm, but it is already the law. If every Bill stated what is already a fact and in law, that would make legislation even more complex. The advice I have been given is that it is already clearly outlined that any processing of data must be done in accordance with the law. If the situation under the Bill were to be otherwise, we would have to explicitly provide for it in the Bill. Clearly, we have not done so.

We will ensure the agency works closely with the data protection officer, who will be appointed at the earliest stage possible in order that appropriate data protection policies and procedures are in place. That is another element of the Bill. A data protection officer will be appointed to ensure data protection legislation is upheld at every stage.

On a separate but related point, it is worth noting the existing funding agreements between Tusla and the relevant service providers strongly emphasise the need for service providers to be fully compliant with their data protection obligations. That is already in place within the arrangements that are currentlyin situ. As they transfer over to the agency, that will very much align with the new laws and agency. It is already stated in law. If every piece of legislation were to restate or clarify what is already the law, that would make legislation more complex. I am absolutely assured by the Data Protection Commissioner and by the Attorney General that this will not be allowed and is not contained in the legislation.

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