Alice-Mary Higgins (Independent) | Oireachtas source

I recognise the concerns, and that is why there is some tension about Article 9.2(d). I urge Senator McDowell to look again at Article 9.2(d). That provision permits a wide range of activities. It is important because it applies not just to political parties but is much wider than that. It refers to any "not-for-profit body with a political, philosophical, religious or trade union aim". In many ways the general data protection regulation, GDPR, provides a wider vision of the kinds of activities that might be taking place than those set out in section 43. I have tried to bring in one part of Article 9.2(d) by way of amendments Nos. 29 and 30. I agree with the Minister about the other parts of this provision. A trade union must be able to process political opinion, including that of its members and those who are in contact with it. That is envisaged and allowed for in the European regulations.

I have canvassed and gone door to door at length in many campaigns, for example in the Seanad referendum, alongside the Senator. I believe that canvassing, market research and polling are allowed under this legislation. Market research and polling must be done by consent, and those responding must be aware that they are participating in political polling or political market research. That is appropriate. The information that is not in the special category of personal data, such as age and address, is not covered under the professional categories and personal data headings in the same way. Special categories of personal data, the categories we are talking about trying to protect, are sensitive categories, and that is why they must be used sensitively and appropriately. Those kinds of data can be processed under Article 9.2(d) where they are being used for purposes that are appropriate. The key here is the reference to "not-for-profit body". If an NGO or a grouping wishes to campaign on a referendum it is free to do so, but if a company established to make a profit wants to get involved, that is different. That is why amendment No. 28 seeks to bring in stronger rules when a for-profit company is involved. These companies may have multiple clients. We need to have an extra safeguard against these companies. I believe that the normal, healthy activities of a vibrant political state can continue without section 43.