Alice-Mary Higgins (Independent) | Oireachtas source

Amendment No. 17 is a technical amendment. It is clear. There is a little bit of ambiguity here. I regard it as a different issue and therefore a different discussion, but it relates to the ambiguity around the lead agencies and data sharing, and where that stands. Consider the situation where there are data controllers within two public bodies, for example, in the context of discussion about lead agencies. If an individual person has a concern there is a question over who he or she should go to. We do not want a situation where individuals are being sent from pillar to post.

The European Court of Justice ruling in 2015 made it very clear that both of the data controllers are liable. We cannot have a situation where one data controller says, "Well they were the lead agency so do not look to us". Both of the data controllers are liable. While a lead agency may be a preferred point of contact, and while the lead agency may take the responsibility for outreach and so on, the amendment is important because it makes clear that this section of the Bill outlines how individuals may engage with the lead agency, "without prejudice to and does not limit the rights of a person as a data subject in respect of any or all data controllers in a data sharing agreement". This makes it clear and ensures that Ireland is compatible with the European Court of Justice.