Seanad debates

Thursday, 3 April 2003

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

 

10:30 am

Photo of Brian HayesBrian Hayes (Fine Gael)

This Bill was brought before the House in April 2002 by the then Minister of State at the Department of Justice, Equality and Law Reform, former Deputy Mary Wallace, but lapsed with the dissolution of the Oireachtas. There must be a great deal of frustration within the Department about the time lag involved in the publication and enactment of the legislation. Its genesis is the EU directive to which we signed up in 1998, when a commitment was given that within three years of signing the directive, the legislation would be passed. It is worrying that we have not managed to hold to this.

The Minister of State referred in the other House to the fact that we were discussing the Data Protection (Amendment) Bill, an amendment to the 1988 Act. It is very difficult to get a grip on legislation when two Bills are involved. There is a need for consolidation in this area. I would like the Minister of State to indicate if this will be done in order that the legislation is more accessible.

We welcome the amendments to the Bill which follow a number of proposals made in both Houses on Second Stage. It is interesting that the Minister of State referred to ideas put forward last year by former Senators John Cregan and Farrell. In the main we welcome these amendments but I would like to put a number of questions to the Minister concerning some of them.

The first amendment concerns the exclusion of the definition of direct marketing where it concerns political activity, and it is eminently sensible. We all want to be in a situation where we can engage with the public by means of communication without undue pressure being brought to bear on political parties and individuals in terms of conformity. I understand there is a requirement on all politicians to be registered with the Data Protection Commissioner. Does the Minister have information from the commissioner concerning the number of politicians who have registered with his office? The fee as I understand it is very small, perhaps €10 annually.

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