Fintan Warfield (Sinn Fein) | Oireachtas source

We are speaking to the first group of amendments. I am supportive of the amendments, except for amendments Nos. 25 and 39. On amendment No. 25, I wish to quote from Article 9.1 of the GDPR, which states:

Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.

The key phrase is "shall be prohibited". I understand that there are exemptions under Article 9.2, but Sinn Féin is of the opinion that the amendment presented by the Minister today does not fit the definitions of any of those exemptions outlined. Therefore, we have reached the conclusion that what the Minister has proposed directly contradicts Article 9.

The Minister may point to Recital 56, but that is an interpretation rather than actual law and for Sinn Féin does not provide sufficient safeguards. It is on that basis that we will oppose the Bill in its entirety, along with other reservations we have outlined during the debate. Aside from being contrary to the GDPR and, by extension, European law, it is far too ambiguous. It creates a situation in which an unintended loophole may arise, leading to an infringement of rights in the context of data protection for our citizens. I will also oppose amendment No. 39 for the same reasons.