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

Amendment No. 11 can be read in conjunction with amendment No. 22, which inserts the words "is satisfied that the agreement is consistent with Article 5(1) of the General Data Protection Regulation". I understand that there has been a lot of discussion about necessity and proportionality. Having reflected on it with the Attorney General, we have strengthened the Bill in terms of the references to the GDPR and pre-existing legislation that have been inserted.

Regarding the test for and definition of proportionality, it refers to balancing two competing priorities - the needs of public bodies and the needs of the customer, for want of a better word, the person engaging with the public body. The data sharing agreement has been put out for public consultation and has gone through the governance board arising out of the possibility that observations are sent in from people.

On top of that layer regarding necessity and proportionality, there is reference to the GDPR and a strengthening of governance as well by way of the board that will assess the data sharing agreement to which all of this will be subjected in the first place. Having reflected on it, which was primarily due to the debate that took place here as opposed to the other House, and I said this in the other House, the Attorney General has strengthened the legislation and has taken on board many of the concerns.

Regarding necessity and proportionality, we do not want to put in a subjective test that might present a difficulty around assessing whether one side is right and the other wrong. On foot of the Senator's request the last time I was here, we have strengthened it by way of the tests to which she referred as well as strong linkages with the GDPR, on top of the existing strong reflection on governance of each of the individual agreements that will be put in place.Notwithstanding the concerns the Senator expressed, in general, the Bill is far stronger now. We may fall out over the dataset or some other issue but I am sure we will reach an agreed conclusion at the end of it.