Charles Flanagan (Laois, Fine Gael) | Oireachtas source

In respect of amendment No. 37, I am not sure of the extent to which the Minister can influence the disposition of Senator Norris now or, indeed, ever.Senator Higgins's amendment seeks to change the definition of "biometric data" in section 63. The definition is taken directly from Article 3.13 of the directive. It is identical to the definition in Article 4.14 of the general data protection regulation, GDPR. I do not see how there is scope for diverging from these definitions in our national law and, therefore, I am unable to accept the amendment. The definition in the Bill is fully in line with the GDPR. It is an issue that I believe is important in the context of the Bill. It comes directly from the directive. I am not putting down any amendment. I am not encouraging any divergence. I am merely saying that what we have here is a direct derivation from the definition permitted. While Senator Higgins went into some detail and at some length, I believe what we have done in the circumstances is entirely appropriate having regard to the transposition of the regulation into our national law. Any derivation from that or any departure from the alignment will give rise to an element of uncertainty that I am not sure will be helpful in the context of this legislation.

As regards issues raised by Senator Higgins, when she speaks about what is necessary and proportionate, I would point to the important changes and the increased authority of the Office of the Data Protection Commissioner, which will have a considerable increase in its authority and membership and will be properly resourced to ensure it can engage in the type of activities that will be necessary under the law. The issue of proportionality and necessity will be enforced by the data protection commission. It is a rights threshold. It has been developed and, presumably, will continue to be developed in accordance with the European Court of Justice and the European Court of Human Rights. This is an issue that will be monitored closely, supervised and enforced by the data protection commission.

I note what the Senator said regarding the obligations on private companies and the perceived lack of information about the new regulatory framework. I agree it is very important that there be a national campaign, an appropriate level of information and that companies be advised, encouraged and mandated to prepare for what is a changed landscape. As we process this legislation through the House, there will be a wide range of information meetings, seminars and engagements throughout the country. The GDPR applies directly to private companies and all other data controllers.

On the issue of the supervisory role, much of the information campaigning that is under way is being orchestrated and organised by the Office of the Data Protection Commissioner, ably assisted by Government, but there is a lot we can all do, as public representatives, to ensure there are appropriate and adequate preparations on the part of private companies, as well as public companies and agencies. I advise on the important information tool, that is, the website www.GDPRandYou.ie. I do not believe that what we are doing through Government amendment No. 1 is opening the door for widespread exemptions within the private sector. That will not happen. The Data Protection Commissioner will ensure a role in respect of oversight, supervision and enforcement.

There are other issues of enforcement to which we will revert later in terms of amendments. I indicated on Second Stage that I was open to listening to Senators in that regard. That still stands. With particular reference to an issue raised relating to public companies, agencies and entities, we will have an opportunity of debating that later.

I am unable to accept amendment No. 37 because it strays from the strict and important reading of the GDPR and the directive. I am not introducing any change and, in the circumstances, I do not believe it is appropriate to introduce a change to such a very important definition in the Bill.