Seanad debates

Thursday, 3 April 2003

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

 

I want to mention amendment No. 18 at this stage because it also touches on the functions of both commissioners. Its purpose is to protect personal data being kept by the Data Protection Commissioner and the Information Commissioner for the purposes of their respective functions from access requests. By virtue of section 5 of the Data Protection Act 1988, the Data Protection Commissioner is already protected from such requests where he or she is carrying out an investigation into an offence under the Act. However, where the activity being investigated does not constitute an offence, the protection afforded by section 5 may not be adequate. Likewise, the Information Commissioner is protected under section 46 of the 1997 Act.

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