Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 22:

In page 15, between lines 5 and 6, to insert the following:"(4) Where special categories of personal data are disclosed by one public body to another public body for reasons of public interest, regulations shall be made—

(a) by the Minister following consultation with such other Minister of the Government as he or she considers appropriate, or

(b) by any other Minister of the Government following consultation with the Minister and such other Minister of the Government as he or she considers appropriate.

(5) The Minister or any other Minister of the Government shall consult with the Commission before making regulations undersubsection (4).

(6) The Commission may, on being consulted under subsection (5), make observations in writing on any matter which is of significant concern to it in relation to the proposed regulations and, if the Minister or any other Minister of the Government proposes to proceed to make the regulations notwithstanding that concern, that Minister shall, before making the regulations, give a written explanation as to why he or she is so proceeding to—

(a) the Committee established jointly by Dáil Éireann and Seanad Éireann known as the Committee on Justice and Equality or any Committee established to replace that Committee, and

(b) any other Committee which that Minister considers appropriate having regard to the subject matter of the regulations.

(7) Regulations made undersubsection (4) shall specify—

(a) the personal data that may be processed,

(b) the circumstances in which the personal data may be processed, including specifying the persons to whom the data may be disclosed, and

(c) such other conditions (if any) as the Minister or any other Minister of the Government, as the case may be, considers appropriate to impose on such processing.".

I recognise that if I moved this it would be in conflict with an amendment that has been accepted in respect of the sections to which special categories of information apply. While I strongly believe in the spirit of this amendment, I will not press it at this time. It was originally a Sinn Féin amendment, supported by Fianna Fáil, and I hope it can be relocated constructively.