Alice-Mary Higgins (Independent) | Oireachtas source

There is some concern in regard to the base register of the lead agency and the data controller and the intersection between the two. I mentioned section 12(a), whereby bodies can share data in order to avoid administrative or financial burden. That is at odds with the 2014 European Court of Justice ruling on a case taken by Google Spain. It stated that financial burden is not a sufficient rationale to avoid data protection adherence. I have a concern in regard to the quoting of the "once only" principle because that seems an extraordinarily wide get-out clause. Being able to share data based on the fact that one does not want to have to look for it again makes for a very wide category. That rationale would then always apply and we would lose the consideration of necessity and proportionality and consent being sought. I am concerned that public bodies may be discouraged from seeking consent in situations where it would be appropriate to so do.

A minimum time period should be specified in section 55 in regard to public consultations,.

I welcome the proposals in respect of the data portal and ask for clarification on whether all data requests processing and data breaches will be available for persons to view through that data portal.

I also have concerns on section 64 but I have no doubt that I will have an opportunity to discuss them with the officials and the Minister of State before Committee Stage.