Alice-Mary Higgins (Independent) | Oireachtas source

While someone might not be sent around the houses, which I understand from the reference to the lead agency - in fairness to the Minister of State, he has affirmed it - it would be useful to affirm it in the Bill to be clear that it does not in any way prejudice someone's right to call to each of the relevant houses.

Having heard what the Minister of State had to say, I almost reinforce the point about necessity and proportionality. Necessity is not about the need at the very beginning to have a legal basis because we know that we are operating illegally. I am surprised that there are not more public alarm bells about the fact that the State is not operating with a legal basis for what it is doing, but that is not the necessity. The necessity and proportionality test applies each time one uses the data. It is not about whether in general we need data protection agreements; rather, it is about each data-sharing agreement and how it applies. There is a real concern in that regard. In fairness, we are describing that the public will have a chance, but at the same time we are being told that there will be thousands of such agreements. It is not the job of the public to test data-sharing agreements for necessity and proportionality. It is not the job of the Data Protection Commissioner to do so, except in the general sense of oversight. It is not the job of the data governance board, to which we will come. It is the job at foundation level when two public bodies are agreeing to share personal information. They must be satisfied at the starting point that it is necessary and proportionate. It is not for people to catch it down the line. It is not an issue of backstops. It is not for the public who already put huge work into guarding data protection. I applaud many individual citizens who have made great efforts in that regard. It is for the public bodies who are making the decision to share data between them. What I am saying is that it needs to be in that bit of the Bill. I do not think it would take anything from the Bill and its operation, but it would add a certain assurance for the public. I, therefore, urge the Minister of State to strongly consider taking it up on Report Stage. I refer simply to mentioning necessity and proportionality and making it clear that they will be key considerations for the two public bodies involved in respect of the thousands of agreements that will be happening.

I will not press the other amendments at this point. On the question of data controllers, the Minister of State made it clear in his narrative and it would be nice if it was clearer in the Bill. To be clear; my amendment does not state they have to state what they considered, it simply states they have to have considered.