Alice-Mary Higgins (Independent) | Oireachtas source

I acknowledge that the Minister of State is seeking through amendment No. 8 to address the concern we debated in the Seanad previously, which was my concern that the definition of "public body" effectively include private companies that are under contract to the State. There is quite a wide scope in terms of "public body" and there were concerns.

To an extent, this measure is positive. The provision addressed by the Minister of State seeks to ensure that there would be no distortion in competition in trade. For example, a private company providing a public service would not be able to use that information to have an advantage over another private company. I recognise that the Minister of State is addressing my concern a little in respect of the distortion of trade. However, I would have liked if we had not only addressed it in terms of the potential victim being another company but in terms of the rights of the data subject.

Even where there is no competitor in sight and, therefore, no distortion of competition or trade, there is a question of ensuring there is no inappropriate use of data gathered. Obviously, that should not be happening anyway but it is a concern. I am conscious that we have framed it in terms of competition law, which is positive, but I feel there might be scope for strengthening it in terms of rights law as well. I accept it as a positive step.

Amendment No. 9 is fine. I have one concern about amendment No. 11. This replaces the question of necessary and proportionate, as had been worded originally. I respect the fact that the tests of necessity and proportionality are core to the GDPR and that much of what we did in the Seanad and what has been done in the Dáil is around copper fastening that. My concern is the way it has been replaced in amendment No. 11. It applies the proportionality test not only to the disclosure of information but the safeguards applicable. I want to be very clear. I need the Minister of State to clarify and reassure us in the House that a situation will not arise in which we are told that the safeguards need to be proportionate and that we need to limit the safeguards that are put in place. I do not want to create any perverse pressure against safeguards which are, of course, core. Could the Minister of State clarify matters? In general, I am happy that the Bill has been strengthened in terms of the issue of necessity and proportionality. In terms of proportionality in general, it is very important that we do not go to anything like the idea of a once-only principle because they have been misused in the past but instead have a strong principle of consent to each purpose.