Billy Kelleher (Cork North Central, Fianna Fail)

During the Committee Stage debate, the Tánaiste informed Senator Cannon that she would consider further his comments on the data protection rights attached to information seized by the Office of the Director of Corporate Enforcement, ODCE, under the extended power of seizure mechanism provided for in section 5. In further examination of this matter, the views of the ODCE and the Data Protection Commissioner's office were elicited to ensure no inadvertent consequences arose from this Bill. I am informed the Data Protection Acts recognise that data, which would otherwise enjoy protection under those Acts, can be obtained by authorities where this is necessary for enforcing compliance with statutory codes. This would include record-seizing powers available to the ODCE when investigating breaches of the Companies Acts.

Obviously the amendments discussed previously bring clarity to the issue raised earlier by the Senator. I acknowledge the extended power of seizure being given to the ODCE in this Bill is wide-ranging and could have the effect of allowing it to seize documents that later may prove to contain personal information that is irrelevant to its investigations. I assume that a fear such information somehow might be disclosed is the basis for Senator Cannon's concerns. In general, the previously discussed amendments, in the context of the Data Protection Acts, address the Senator's concerns.