Alice-Mary Higgins (Independent) | Oireachtas source

Section 34 is one of the most deeply problematic sections in the Bill and needs intensive revision. The main concern is that, while provisions are made in respect of specific and, in some cases, appropriate circumstances that we have already discussed with the Minister whereby personal data might be processed, section 34 is wide in terms of what is construed and potentially construable as the public interest. It allows for the processing of personal data by any local authority where considered necessary and includes an extensive list of bodies, for example, museums, agencies, broadcasters, financial bodies like NAMA, tourism boards and housing agencies. It also makes further provision for the disclosure of personal data for the purpose of preserving the common travel area by air carriers and leaves to the discretion of the Minister, without accountability to the Cabinet, Dáil or the Oireachtas, the determination of what data are necessary to be processed and under which conditions. This is an extraordinarily wide remit and the section needs substantial revision. I hope that there will be scope for us to work across the Houses on that revision.

I support Sinn Féin's amendment, as the list of bodies established by enactment is long. We need to be more specific. My amendment is a small one and I hope that the Minister will take it on board. The section reads: "The processing of personal data shall be lawful to the extent that such processing is necessary for". As has been well aired, necessary and proportionate is the test under GDPR. My amendment reinserts "and proportionate" in that context. Notwithstanding the wider discussion that we might need to have on the section, the inclusion of the necessary and proportionate test is appropriate.