Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The amendments in this group provide for the inclusion of the words "and proportionate" in a number of sections in the Bill. Arising out of Committee discussions I undertook to take a further look at the provisions as they applied a necessity test to data processing with a view to assessing whether a proportionality test should also be applied. Arising from this assessment, I am proposing amendments Nos. 22 and 36 to sections 36 and 50(3), respectively, which will insert the words "and proportionate" after "necessary" in each case.

As regards, amendment No. 24 to section 41, I regret that I cannot accept the inclusion of the words "and proportionate" in this regard because this section gives faithful effect to Article 9(2)(b) of GDPR and that does not include a reference to proportionality. Including the words "and proportionate" in this section would lead to a divergence from the GDPR.