Seanad debates

Thursday, 8 February 2018

Data Protection Bill 2018: Second Stage

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Senators for their contributions and I am grateful for the broad support the Bill has received in the Seanad. I acknowledge that there are issues to which we will have to return on Committee Stage. I note, in particular, the comments of Senator Higgins and hope, in the spirit of being constructive, to return, at an appropriate time, to any issues Senators agree could constitute an improvement to the Bill.

I acknowledge the contribution of Senator Boyhan who referred to the briefing note available to parliamentarians through the Oireachtas Library and Research Service in the form of a digest. I acknowledge the importance of the service to parliamentarians, in particular in respect to this legislation, much of which is technical in nature. I was struck by the interest shown by an Independent Senator in the matter of the marked register. It underscores that Senator Boyhan could be described as giving due notice to the electorate of Dún Laoghaire or elsewhere.

Senator Conway referred to the briefing arranged for early next week. Monday, as a non-sitting day, was considered an appropriate time. Realising that it will not be possible to accommodate everybody on this issue, I hope the availability of my officials to deal with the technical aspects of the Bill will accommodate interested parties in any event and include as many of them as possible. I believe we can do that.

A number of Senators referred to certain exemptions under the Bill and the issue of class actions. Senator Ó Donnghaile referred specifically to the issue of data retention, which is not covered by the legislation, nor was the Bill designed to cover the issue. There is, however, a specific data retention Bill which is, I understand, subject to pre-legislative scrutiny. The concerns the Senator raises may be more appropriately directed to that Bill.

Senator Boyhan referred to the recommendations of the joint committee, in particular, to those that have not been followed to the letter, rather than those that have been followed to the letter. The actions under data protection set out in sections 112 and 113 respond to recommendation 14 on the matter of the right to compensation to which the Senator referred.

Senator Ó Ríordáin indicated that, owing to ongoing advances in technology and cyberspace, it will be necessary to keep the legislation under review. In this instance, it is important that Ireland, as an active and constructive member of the European Union, complies with its obligations and that we ensure we have legislation enacted and in force within the specified timeframe. I have no doubt this is an area to which we will return in the context of ensuring we strike a balance between citizens' entitlement to the preservation of privacy and personal data and overall freedom of information and expression.

I hope we will resume our deliberations on the Bill in the coming weeks, the object of the exercise being that we introduce stronger rules and regulation on the protection of data to ensure we and our citizens are in a position to exercise more control over our personal data and businesses can operate on the basis of a level and even playing field. I am in the hands of the Business Committee as to when such future deliberations will take place. However, I stress the urgency of this issue and, having regard to the technical provisions and nature of much of the Bill, my officials and I will be keen to assist Senators in their deliberations at every remove.

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