Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

In proceedings in which it is alleged that a respondent is seeking to rely on personal data of the complainant which it failed to supply to the complainant on foot of a data access request by him or her, it is for an adjudication officer or the Labour Court to determine how best to conduct the proceedings, having regard to the overriding need to do justice and be seen to do justice to all parties. In particular, there is nothing in law preventing an adjudicator or the Labour Court from having specific regard to a respondent's failure to meet a claimant's data access request. We are not precluding it ab initio, as in the Senator's amendment, but leaving it to the discretion of the adjudication officer in seeking to get a fair outcome. It is a reasonable approach.