Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I thank the Deputy for her question. I did see the “Prime Time” programme two weeks ago and I thought it was very concerning. It was an issue of considerable concern to me, not that fact that I or, indeed, other politicians were identified in it, but the potential that was there for brokers, of whom we were unaware, to sell on the market details about an individual’s movements. Obviously, from a security point of view, that could be an extremely serious matter if it was the case that individuals could identify the movement of individuals such as gardaí or prison officers. I am extremely concerned about it. In the aftermath of the programme, I met with officials in my Department and asked them to engage with the DPC which, as the Deputy correctly pointed out, has statutory responsibility for this area. My information is that the DPC has used the statutory powers it has already to investigate this matter. As a result of its investigations, it has been able to identify that one of the two entities identified in the “Prime Time” programme is based in Ireland. I understand the DPC has visited its offices for the purposes of continuing its investigation. I am also aware that the other entity that was identified in the programme that is selling what is personal data is based not in Ireland but in another EU country. I am informed by the DPC that it has contacted the equivalent of the DPC in that country and notified it of it.

The Deputy asked why I did not do anything sooner. Just because I did not announce it does not mean I am not doing something. I have given her an indication of what has been done in the two weeks since the programme. It is important to point out that the Data Protection Commissioner has very considerable powers under the data protection legislation that this House has enacted. Under those powers, they are responsible to protect the personal data of individuals in this country. If one looks at what was revealed in the “Prime Time” programme, what was most concerning was that individuals' movements could be so readily identified and also sold on. We do not want to find ourselves in a situation where that type of personal data as to where a person is going on a daily basis is available for sale on the commercial market.

On what the commission is continuing to do, it is, as the Deputy knows, fully independent in the exercise of its functions but it does engage with officials in my Department. I am satisfied that the investigation that has commenced is ongoing and we will get to the bottom of who these data brokers are. Personal data is very clear when we identify it. It is unquestionably the case that the movements of an individual - whether he or she is a TD or not is irrelevant - being sold on the market for the purpose of commercial enterprise or more nefarious activity is unacceptable.

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