Alice-Mary Higgins (Independent) | Oireachtas source

I thank the Minister of State and I acknowledge that there have been some significant steps forward on this, notably the provision in his amendment No. 2, which makes it clear that nothing in this Bill, except Parts 5 and 8 and Chapter 3 of Part 9 shall apply to special category personal data alleviates many of the amendments. Many of my amendments were submitted prior to the Government amendments. It is useful to see this. Several of my amendments which sought to address case by case the dangers of an inadvertent inclusion of special categories of personal data will no longer be necessary. That is very positive.

I have concerns about Chapter 3, Part 9. I addressed them here and that is why I propose that the Bill exclude special categories of personal data, not just from Parts 5 and 8 where I realise the case is strong in respect of pensions, in Part 5, and access to information on data breaches under Part 8. I do have some concerns on Chapter 3, Part 9, but I seek to address them in a later amendment in a different way and have had some indication from officials that they may be interested in considering that in another way so I might not need to press it.

My concerns were that because Chapter 3, Part 9, included several measures in respect of the grounds on which the Minister might be promoting data sharing, it would be important and probably inadvertent, if it were to suggest that the Minister is promoting data sharing in order to encourage data sharing, that it would not include special categories of personal information. There is a separate issue because it is a tautological argument. I am sure it will be addressed. I will leave it for now.

I recognise that amendments Nos. 3, 4 and 5 are perhaps not necessary in this case. In terms of amendment No. 6 I want particularly to recognise this was one of my deepest concerns in respect of the special categories of personal information and it was the danger that there could be an exclusion from section 38 of the Data Protection Act which would affect special categories of personal information and, as the Minister of State mentioned, there are suitable and specific measures involved. I am happy to withdraw that amendment.

I will press amendment No. 7 because it is important. This is an ongoing debate between me and the Minister for Employment Affairs and Social Protection, Deputy Doherty, with whom I agree on several issues but we disagree on photographs and biometric data. I would like the definition from the GDPR included in this Bill. I am happy to leave amendment No. 9.

Amendment No. 16 is a Government amendment. There would be no point in pressing amendment No. 22 because it seeks to replicate the measures in the Data Protection Act for clear procedures where public interest is invoked. I realise that given the location of my amendment it is no longer applicable to this section and to the Bill because special categories of personal data are no longer covered under that section.

I urge my colleagues in Sinn Féin and Fianna Fáil who supported the insertion of this measure into the Data Protection Act to ensure there is a similar measure which states that the Minister when invoking public interest, needs to set out very clear reasons for that public interest, and that it is placed in the appropriate section when the Bill goes to the Dáil.

My final amendment in this group is amendment No. 82 and is perhaps no longer necessary given the wide exclusion of special categories of personal data offered by the Minister. I sincerely thank his officials for engaging with me on that. It will narrow and clarify the function of this Bill in a constructive way.