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

Government amendments Nos. 18 and 35 arise directly out of discussions we had with Senator Higgins on the previous occasion, and they clear up some of the issues.

On amendment No. 20, Senator Higgins referred to mechanisms that would be available to the individual. There is a right to object enshrined in the GDPR process. There is also a fairly protracted public consultation process that goes on well in advance of the agreements being set out. In addition, the public can avail of the data protection complaints process. One of the concerns - I have gone through this in detail with the officials in my Department and I know it would not be an intended consequence - relates to the fact that the genesis of the Bill is to allow for data sharing. We do not want to have a situation where every single individual would have to be contacted in advance of the data being used. and I know that is not what the Senator intends either.

All data sharing under the enactment of the legislation goes through a rigorous governance process which has been identified and which has been accepted by the House, which includes a public consultation inviting the public to make submissions on the proposed data sharing. Also under GDPR, the right to object applies, giving data subjects the right to object to the processing of their individual data at any time. A data subject may also lodge a complaint with the Data Protection Commissioner if he or she feels that his or her personal data is being processed inappropriately. The purpose is to remove the financial or administrative burden placed on them as a person. This is a positive thing for citizens as I am sure the House will agree. However, as I have outlined there is also ample measure in place for citizens to make an objection if they see fit. I ask the Senator to consider withdrawing amendment No. 20 on the basis of the thrust and the spirit of what is envisaged to be captured in it already being available through other mechanisms.