Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

I agree with Senator Higgins on one point, namely, that nobody present claims to have the knowledge of the Data Protection Commissioner. While the Data Protection Commission has been silent on certain matters, that is not to suggest the commission either supports or opposes anything. However, after the heads and general scheme of the Bill were published and circulated, they were scrutinised and the various arguments were well aired. We have had a good debate on the legislation.

Senator Higgins raised the issue of checks and balances and asked whether there is a legal basis for data sharing. That is the reason we are discussing this Bill. As I stated, there is a gap in the system and information is being shared on a regular basis. I do not agree with the Senator's view that convenience is not an issue for citizens. Convenience is an issue and people legitimately ask why they have to repeatedly submit the same information to Ireland Inc., as it were, to access public services. People have a right to ask that question. As the person who signed it, I accept that the Tallinn Declaration is a declaration. The Senator is also correct that the GDPR is the law and the Bill has been developed to fully reflect that law and all the other data protection legislation on the Statute Book.

There is nothing in the Bill that is incompatible with the existing provisions of the law. I reiterate that section 12(a) provides that personal data is disclosed for the purpose of the performance of a function of a public body and to avoid the financial and administrative burden that would otherwise be imposed on a public body or another person. It is important to note that this benefits the individual concerned. We should not lose sight of what we are trying to do, namely, to establish a framework to govern what is already occurring in public bodies. We want to make sure the provisions of the GDPR are adhered to by the Government in terms of engagement between Departments and other public bodies. It is on that basis that I cannot support the amendments.