Seanad debates

Tuesday, 6 March 2018

Data Protection Bill 2018: Committee Stage (Resumed)

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 35:

In page 37, line 25, to delete "the essence of".

I initially tabled these amendments because I was concerned that the phrase "the essence of" of data protection as opposed to data protection could be perceived as saying that regulations should respect the essence of the right to data protection. It seemed to be cleaner that they would respect the right to data protection. Nonetheless, having revisited the GDPR, I realise that "the essence of" is a phrase within the GDPR so I will not press these amendments. However, I note with a bit of concern that the language in the GDPR around "the essence of" is a bit stronger. The Bill talks about the essence of the right to data protection and protection in the interests of the data subject. The language in the GDPR talks about respecting the essence of the right to data protection and providing for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, so the language in the GDPR might be a bit stronger. That said, I will not press these amendments. I realise that it is a phrase that is used in the GDPR. I think, for the record, that it might be really useful if the Minister could clarify his interpretation of "the essence of" rights by possibly speaking briefly to that.

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