Alice-Mary Higgins (Independent) | Oireachtas source

I thank the Acting Chairman. I can speak to that and I can also speak to an additional related concern I will raise on Report Stage. The amendment is intended to ensure situations we have seen recently do not arise, for example, the very serious concerns raised by the data commissioner in respect of the roll-out of the public services card, the manner in which it was rolled out and, specifically, on the legal basis and measures in place to ensure the security in processing of data.This amendment proposes an additional appropriate power for the data protection commission so that, when concerns like this are raised, the commission will be able to suggest that a particular activity should be suspended. There is a real concern that, while last autumn very serious concerns were raised by the Data Protection Commissioner, we in fact saw a doubling down on the roll-out of the card. The functions of the card were expanded and additional services were made unavailable to those who did not agree to have a public services card and did not agree to contribute their information into the single customer view database associated with it. There is a concern that if a practice about which the Data Protection Commissioner, or the new data protection commission, has raised concerns is under way and that concern has been signalled publicly - which is not something which is done lightly, it is done very rarely and would involve initiating the equivalent of a section 10 investigation - one of the powers the commission should have would be the power to suggest that no further action be taken in rolling out that particular practice.

This provision is about signalling that when the data protection commission says that it has serious concerns about a process it should also have the power, which it will not always wish to use, to request that the brakes be applied to a process when it feels it necessary or appropriate. For example, if a Department is collecting data in a way which the data protection commission believes is unsafe, it should ask the Department not to continue with the process while it investigates it and tries to ensure that the proper safeguards are in place. It is a very simple and reasonable new power.

Perhaps the Minister can assure me on something. I have not put down an amendment on it because the Minister may be able to assure me on the record instead. As I understand the transfer functions, under the section 10 of the existing Act the Data Protection Commissioner is entitled to request the erasure or destruction of data which has been collected in a way which is dangerous or which is in breach of data protection rights. That power to request erasure of data which has been collected improperly, inappropriately or illegally is a specific power which the Data Protection Commissioner has at the moment. Perhaps the Minister could assure me that the data protection commission will have that same power.