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

The kick-off for the agreements is identified in section 55(1)(c, which states: "a statement from the data protection officer of each of the proposed parties to the effect that the data protection officer concerned has reviewed the proposed agreement, and is satisfied that compliance by the proposed parties with the terms of the proposed agreement would not result in a contravention of data protection law". In other words, on the point made by Senator Alice-Mary Higgins about who would start the process, the data protection officer in each of the public bodies must state they are satisfied that the agreements are in order. After that, all of the other trickle-down measures such as the data governance board and the Data Protection Commissioner, the Oireachtas and consultation will kick in.

It terms of necessity and proportionality, it is not just the fact that it is necessary because it is ongoing. It will be necessary and proportionate because the law will be enacted; therefore, the necessity will come from the very fact that when public agency A is sharing information with public agency B, they will have to satisfy themselves that a data-sharing agreement is necessary and they will be bound by the Bill which I hope will become an Act. It is inherent in the Bill, the very tenet of which is to do exactly what is necessary and proportionate. We do not have either.