Thursday, 20 January 2011
Communications (Retention of Data) Bill 2009: Committee and Remaining Stages
Feargal Quinn (Independent)
I move amendment No. 5:
In page 6, between lines 42 and 43, to insert the following subsection:
"(6) A service provider who in good faith discloses data under a request which purports to be in accordance with the provisions of the Bill and/or who provides the wrong data, also in good faith, should be immune from civil action and/or criminal prosecution.".
This refers to someone who provides the wrong data but in good faith. Such a person should be immune from civil action. It is highly unlikely that someone who provides the wrong data in good faith will be prosecuted, but the amendment seeks to ensure that would be the case. I do not know how easy it is to prove something was done by mistake. However, I doubt anyone would intend to prosecute someone who provided incorrect data. Perhaps the Minister of State might explain the State's viewpoint.