Alice-Mary Higgins (Independent) | Oireachtas source

Although I did not wish to delay the process at the time of the discussion of section 40, I note that section 44 potentially relates to it. Section 44 will be the subject of amendment on Report Stage. It involves the bundling of two purposes - insurance and pensions - which should be separated into two sections because different provisions may apply to each. Although it may be appropriate to process special categories of personal data in regard to pensions, the GDPR, in a continuation of the section I read earlier regarding the question of public interest in areas of public health without consent, states that suitable and specific measures could be inserted at that point. However, there is a clear interpretation of public health being, "all elements related to health, namely health status, including morbidity and disability" and so on, but the key point is that "Such processing of data concerning health for reasons of public interest should not result in personal data being processed for other purposes by third parties such as employers or insurance and banking companies." Section 44 contains provisions relating to the mortgaging of a property, health insurance and health-related interest. Although I recognise public interest in the area of health is not what is being evoked in the section, I nonetheless believe that the spirit of the GDPR is quite clear in its interpretation, in that it does not seem to consider that the processing of personal data without consent - because we are clear that, wherever suitable and specific measures apply, such processing is likely to be without consent - would be appropriate by entities such as insurance or banking companies. Concern is expressed within the GDPR in respect of such processing and I am concerned by such processing within the section. I will be putting forward amendments to the section on Report Stage.