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

Section 18 deals with the issue of safeguards. It contains several requirements which restrict further disclosure of data, including that security measures, retention requirements and how the data will be deleted when they are no longer needed must be specified. In addition, as I stated, the data protection commission may use its enforcement powers if sharing occurs outside the terms of the agreement.

On public bodies and partially publicly-funded bodies, section 9(4) states: "The Minister may, at the request of a body that would not otherwise be included in the definition of “public body” insubsection (1)and with the consent of the Minister of the Government in whom functions in relation to that body are vested, by order designate that body as a public body."

In a case such as that to which the Senator referred, the Department of Health and the Minister for Health would have to consent to the company being designated a public body. That safeguard is built in because, as I stated, we do not know what may happen in the future. The Bill is not exhaustive in that regard because we do not know what public bodies may be constituted in the future. However, we have made provision that the line Minister who takes responsibility for the Vote from which the funding would come – the Minister for Health in the Senator's example – would have to sign off on the designation. That power will not will vest in me or my successor but, rather, would be the responsibility of the line Minister.