Tuesday, 6 March 2018
Data Protection Bill 2018: Committee Stage (Resumed)
I would like to see a regime in place in the public sector that would ensure the application of the highest standards. That, rather than a list of substantial fines, should be the focus of our endeavours. When public bodies and authorities act as undertakers or engage in private sector competition, there should not be an unfair advantage to the private sector, as evidenced by Senator Alice-Mary Higgins. A fine should be available as a penalty, but the main remedy will be a civil action. For the first time under data protection law, an injured party or complainant will be able to take a civil action and it will be open to the courts to assess damages and make an award against a body in the public sector, in the same way as they might against a body in the private sector.