Seanad debates

Tuesday, 6 March 2018

Data Protection Bill 2018: Committee Stage (Resumed)

 

2:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

Section 91(1)(a) and (b) are alternatives and if there is a legally-binding instrument in place that ensures the appropriate safeguards, that of course is sufficient. If there is not, then section 91(1)(b) will apply and the controller will be required to make details of the transfer available to the Data Protection Commission. I cannot accept amendment No. 55 nor am I in a position to accept amendment No. 56 which proposes to insert the words "or any subject affected by the transfer" into subsection (3).

This section is intended to cover a situation in which personal data may be transferred to the police, prosecution service or, indeed, judiciary of a third country in connection with what, in effect, will be an ongoing investigation into serious international crimes. An obligation to inform the individual concerned could have the effect of seriously calling into question the effective investigation, detection or prosecution of such an offence. That would have a consequence which is clearly not intended by the proposer of the amendment. For that reason, I am not in a position to accept it.

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