Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 1:

In page 9, between lines 24 and 25, to insert the following:“Interaction with Data Protection Acts and General Data Protection Regulation

5.Nothing in this Act shall affect the operation of data protection law.”.

This amendment proposes to delete the lines which would suggest that section 38 of the Data Protection Act, which recently went through these Houses, would not apply. I suggest that nothing in this Act should affect the operation of the general data protection regulation, GDPR, and indeed the Data Protection Act, which is required to implement the GDPR. We debated long and hard in respect of section 38 of the Data Protection Act. The Data Protection Act obliges the Minister to consult first with the Data Protection Commission before passing regulations. Perhaps more crucially, there is something about which I think there was strong feeling on all sides of the House and which was replicated in the Dáil. It is that when proceeding with regard to the advice given by the Data Protection Commission, the Minister must provide a written explanation as to the justification of why he or she is proceeding in that way and lay it before any relevant committee. That is one aspect. I know an alternative process is being proposed here. Perhaps the Minister will give his perspectives and reassurance to us on it. Does the alternative process meet the same standards as section 38 in ensuring there is compliance with the Data Protection Commission's advice and that there is scrutiny by committees?

There is another thing I will press on Report Stage unless there is movement on it. Section 38 of the Data Protection Act also makes explicit a requirement of necessity and proportionality with regard to actions taking place. If we are saying that this Bill will not abide by section 38 of the Data Protection Act, there is some concern that we may be diluting the commitments to necessity and proportionality which are a linchpin of the general data protection regulation.