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Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: Deputy Mick Wallace is indicating, and after his contribution I will call Senator Niall Ó Donnghaile. We have the second session to proceed with and a very busy schedule this morning, so I want to try to keep proceedings as tight as possible. If anyone else wishes to indicate in this session or if they wish to hold back for the Data Protection Commissioner, that is fine. I call Deputy...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: That is a statement. I do not think it was a question.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: Senator Ó Donnghaile, do you have any follow-up questions?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: Thank you for that. Mr. Carroll, in the absence of any other hands showing I would like to ask some questions. Head 13 relates to attendance of the commissioner before an Oireachtas committee. We are going to have that opportunity shortly. Head 13 states: "The Commissioner or, in the event of more than one Commissioner, the Chairperson shall, at the request in writing of a committee of...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: The head refers to accountability to an Oireachtas committee rather than to the Minister and Department. I take it that the Minister and the Department is not the broad church in that case. Is it particular to the Joint Committee on Justice and Equality as the primary reference point?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: Yet the head refers to accountability to an Oireachtas committee to serve to underpin the functional independence of the commission. The relationship to the committee system is what I am trying to establish definitively. Perhaps the situation is not as I understood it to be. It may be wider and run across the full gamut of the committee structure.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: My next question relates to heads 12 and 13. Head 12 relates to financial control. Of course it is a blank. I have before me the explanatory note. It is all in the context of financial control. The explanatory note relating to head 13 sets it out in a very different way, although it also relates to financial control. I wonder is there a need to streamline one or other of these. There...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: I would expect that. As matters stand, I did not think it was. Finally, in regard to backup data, nowhere at all throughout the entire document on the heads is there any reference to backup data whatsoever. My understanding heretofore was that it is excluded under the scope of subject access requests currently. Is that what is intended to continue or will there be address in relation...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: Is Mr. Carroll advising me and the committee that backup data is not excluded from the scope of subject access requests currently?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: I was correct in stating the current position. On behalf of the committee, I thank Mr. Carroll, Ms Walsh and Mr. O'Riordan for their attendance here this morning and their engagement with the committee, and for, I have to acknowledge, as others have, Mr. Carroll's informative contribution which will no doubt assist the committee in considering this issue. The committee will now...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: The purpose of this part of our meeting is to continue our scrutiny of the general scheme of the Data Protection Bill 2017. I welcome the Data Protection Commissioner, Ms Helen Dixon, who is joined by Mr. John O'Dwyer and Ms Anna Morgan. In the Gallery, I already acknowledged Ms Emily Burke. On behalf of the committee, I thank them all for their attendance here this morning. The format of...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: I thank Ms Dixon. I will call members in order and a nod to the Chair will suffice.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: Does Ms Dixon wish to take that question first?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: I ask that this be Ms Dixon's last response.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: I welcome Deputy Buckley to this meeting of the Oireachtas Joint Committee on Justice and Equality. I take it he would like to pose a question to the commissioner.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: Deputy Buckley has been involved in suicide prevention counselling for a number of years. I can understand the relevance of his question.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: I have several questions, based on my experience as an elected representative over a number of years and the areas that have been most often reflected to me. I also have a background in banking and issues have been raised by a number of people, even within the employ of our banking institutions, but more particularly those who have been most seriously affected by the significant downturn in...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: That is in terms of the specifics of any particular case, but in the broad brush stroke circumstance, if somebody goes in to their local banking institution, whatever representative office it may be, they believe they are dealing with whomever. The entire situation has changed enormously. They end up dealing with a body, an institution or a financial house that they never heard tell of...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: There is work to be done in that area. I have a final question. I refer to the consequences of the General Data Protection Regulation, GDPR, coming into play in regard to the respective roles of Members of both the Dáil and the Seanad. Any number of questions have been posed by Members as to whether they need to appoint a data protection officer. What is our respective position...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Data Protection Bill 2017: Discussion (14 Jun 2017)

Caoimhghín Ó Caoláin: I thank Ms Dixon for that. As there are no other outstanding points to be made, on behalf of the committee, I thank the commissioner for her engagement with the committee and her very informative contribution. I thank Ms Morgan and Mr. O'Dwyer for their attendance with her today, and Ms Burke in the Visitors Gallery. That concludes our consideration of the Data Protection Bill for...

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