Charles Flanagan (Laois, Fine Gael) | Oireachtas source

On the matter of amendment No. 4a in the name of Senator Higgins, I refer to Part 6 of the Bill entitled "Enforcement of Data Protection Regulation and Directive" together with Article 58 of the General Data Protection Regulation, GDPR, which confer a broad range of far-reaching enforcement and corrective powers on the data protection commission. Article 58(2) of the GDPR confers on the commission the power to impose a temporary or definitive limitation to include a plan on the data processing operations. This applies both to public authorities and bodies and to private sector controllers and processors. This would cover the issues raised by Senator Higgins. As a consequence, I do not see a need to insert a new provision in section 12 as suggested in the amendment. I do not believe it is necessary because it is covered. Senator Higgins asked me to assure her and I am please to do so. If any issues arise, we can have a look at them between now and Report Stage. I note that Senator Higgins has indicated her wish to return to this matter on Report Stage. I am satisfied that the issues raised are covered. We will have a look at it later on in the event of there being any further or ancillary issues. However, I do not see a need for the amendment and am therefore not minded to accept it.