Seanad debates

Thursday, 3 April 2003

Data Protection (Amendment) Bill 2002 [ Seanad Bill amended by the Dáil ] : Report and Final Stages.

 

The text of amendment No. 3 deals with the interface between the data protection and freedom of information regimes. It provides that a right under data protection law shall not prejudice the exercise of a right under the 1997 Freedom of Information Act. Where, for example, a data subject fails to obtain access to personal data under the Data Protection Act – perhaps because it is manual data that are not recorded in a relevant filing system – the person concerned may, depending on the circumstances, have a right to gain access to the data under the 1997 Act. To ensure appropriate communication and co-operation between the Data Protection Commissioner and the Information Commissioner with regard to personal data, the amendment also provides that both commissioners shall co-operate and provide assistance for each other in the performance of their respective duties.

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