Pat Breen (Clare, Fine Gael) | Oireachtas source

This is a very important part of the GDPR for public representatives. Senator Conway first raised the potential impact of GDPR on the ability of elected representatives to make requests or representations in the House. Arising from that intervention, the Minister, Deputy Flanagan, announced his intention to introduce new provisions to establish a robust legal basis for the making of representations by Members of the Houses of the Oireachtas and by members of local authorities. The Minister took the view then, and it remains his view, that assisting constituents by making representations and requests on their behalf are time honoured and valuable aspects of our democratic system of government.

Amendment No. 33 introduces a new section that will facilitate specified persons to use personal data in the course of their electoral activities in the State for communicating with their data subjects. Under subsection (2) such a communication is considered as the preference of a task carried out in the public interest.

Amendment No. 34 introduces a new section that will provide a robust legal basis for making representations on behalf of individuals. Where special categories of personal data are involved, subsection (3) will require that measures to limit access to the data would be taken in order to prevent unauthorised consultation, alteration, disclosures or erasures of the data.

Subsection (4) establishes a legal basis for responding to representations and requests received by public authorities and public bodies from elected representatives on behalf of data subjects.

Amendment No. 122 amends the Electoral Act 1992 to provide for continued use of the electoral register in connection with the two new sections.

The combined effect of the amendments will permit the elected representatives of Dáil Éireann, Seanad Éireann and local authorities to continue to perform their functions as elected representatives by continuing to communicate and serve their electorate.