Seanad debates

Tuesday, 26 June 2018

Data Sharing and Governance Bill 2018: Committee Stage

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I recognise that this relates to sections 8 and 18. As it stands, section 18 provides that the legal basis must be set out. In terms of the subsection, there is a key concern about whether Ireland is really reflecting the spirit of where we are in data protection regulations. Our job is not to make it really simple. There is a need for a level of clarity on why it is happening and the basis on which it is happening. Is it on a case by case basis? Is a person's data part of a large cohort of data being processed at the same time? Are they part of a dataset or has the person been picked out individually? Is it happening once or multiple times?

My amendments are not exclusive. They include the words "or another basis detailed in the agreement". I make it very clear that while I list the recognised primary bases on which it will happen, I am not making them exclusive or exclusionary. Other bases would be allowed for.

The point is that we need to make it really clear for people. It is one of the rules of the GDPR that information should be made as clear as possible for the individual. That is not the same as making it as simple as possible by simply saying "we are processing your data." It is about making the rationale clear as to why it is happening. That is the concern that needs to be addressed. I am not sure whether, under the current provisions, an individual who looks at a data-sharing agreement covering his or her data will clearly understand how or why it is being done. I appreciate that data-sharing agreements will be published.

Returning to amendment No. 8, the definition states "data-sharing means the disclosure of personal information including personal data by a public body to another public body". Down the line, we will see a real concern expressed by individuals. It might not happen now or while the Bill is going through, but there will be a concern when people realise the wide parameters in the sharing of individual data by public bodies.We need to balance appropriate action with appropriate transparency and clarity for the individual who needs to know the rationale for sharing his or her data. Again, the current provisions do not achieve this. I will withdraw amendments Nos. 8 and 14.

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