Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 8:

8. In page 10, between lines 23 and 24, to insert the following:“Data-sharing: meaning

8. (1) In this Act, “data-sharing” means the execution and operation of defined processes for the exchange of information between one or more entities for the purpose of supporting the delivery of statutory public sector services, or the execution of obligations under EU law.

(2) The basis on which data sharing processes may operate include—

(a) a case by case basis for the validation and verification of data,

(b) on a defined batch processing basis for the validation, verification, and updating of specific populations of data, or

(c) as once-off consolidation and integration of disparate data sets to form a new, shared, master data repository.”.

This relates to the question of data sharing. The definition of data sharing in the Bill is quite wide and does not recognise the very different bases on which it may occur. This issue was the subject of considerable debate in considering a very similar version of the Bill in 2014 when there was an extensive Committee Stage debate. One of the key points made in that debate concerned the lack of a clear definition of data sharing. The current definition simply describes some activities, but it does not describe clearly what the basis might be. Some of the bases, for which there is a strong precedent in law, as I am suggesting, include a case by case basis for the validation and verification of data; a defined batch processing basis for the validation, verification and updating of specific populations of data and a once-off consolidation and integration of disparate datasets to form a new, shared, master data repository or a new base registry, as recognised later in the Bill. I am concerned that data sharing is defined in a very loose way.

The GDPR is very clear that there are certain circumstances in which data may be shared and certain bases on which to do so. It is a complex process and I am worried that the nuances have been lost in a sweeping definition in the Bill, as it stands.