Seanad debates

Wednesday, 3 October 2018

Data Sharing and Governance Bill 2018: Report and Final Stages

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

As the Minister of State, Deputy O'Donovan made clear, there is a right to object, but I hope a better way of dealing with it will be found in the Dáil. This amendment is not simply about objecting to the processing of personal data because in many cases people do not object at all but they may object to an automatic mechanism being put in place as to how their data will be processed. People may say they have absolutely no problem with a sports authority or another body having their data but may want them to ask them individually. There is a letter in one of today's newspapers from a large number of ex-academics from Maynooth, Digital Rights Ireland, the Irish Council for Civil Liberties and Data Compliance Europe explicitly addressing the concerns about the automatic mechanism, the idea that one should not assume that people want to give their data once to the system and have it go on its journey forevermore. A mechanism will have to be found, not to object to the data use because in many cases people do not want to object to the data, but to object to the mechanism deployed. It may only involve a small number of people but the simplest way to address it is to put a measure in place for those involved.

I accept that my wording and my approach to this might not be perfect. It would neither serve the State nor the citizen well if the only means by which people can address what is in fairness a very small but, for many people, deeply personal concern, is through laborious journeys through our court system, through objections and the full mechanisms of the Data Protection Commissioner. Yes there are hefty complaint mechanisms in place but I think mechanisms of consent would be an easier way to deal with the issue.

I ask the Minister of State to reconsider my wording. I absolutely acknowledge that there has been a shift in this area. If we say we are concerned for the individual, we need to follow through by allowing a person to express concern.

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