James Browne (Wexford, Fianna Fail) | Oireachtas source

The Minister would like me to thank the Senator for raising these important matters. The Government position is reflected in our ongoing commitment in the programme for Government to "recognise the domestic and international importance of data protection in Ireland". Moreover, it is stated: "We will ... ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation (GDPR)."

Under the general data protection regulation and the Data Protection Act 2018, the Data Protection Commission is completely independent in the performance of its tasks and the exercise of its powers. It does not report to the Department of Justice and Equality nor has the Department any oversight or enforcement powers in regard to the commission. The Department of Justice and Equality and the Government have shown their commitment by providing significant additional resources in terms of funding and staff resources to the DPC in recent years. The Department continues to engage with the DPC on an ongoing basis to service current sanctioned staffing requirements. A request for sanction for two additional director posts has been made to Department of Public Expenditure and Reform, with the support of the Department, based on the funding that the office of the DPC has available in its 2020 budget allocation.

This funding has been provided from the Exchequer each year in response to those needs identified by the DPC, including by way of meeting its staffing and expertise requirements. The budget of €16.9 million in 2020 is a 61% increase on the actual expenditure by the office of €10.5 million in 2019. While there have been some delays and underspends in completing the necessary public recruitment processes for reasons beyond the commission's control or that of my Department, the necessary funding to achieve this has been allocated.

The Minister is aware of the increased pressure the DPC finds itself under as a result of issues arising from the Covid-19 pandemic. The Minister would like me to convey her appreciation of the commitment of the Data Protection Commissioner and of all of the staff involved to continuing to deliver effective data protection regulation and protection of the data privacy rights of EU citizens during this challenging time. The Minister, Deputy McEntee, has every confidence in their ability to continue to do so, as do I.

The DPC operates an extensive social media strategy that includes disseminating information through social, national and international media. In addition, the DPC frequently updates its website with guidance, blogs and other publications for both organisations and individuals. The DPC also participates widely in events, nationally and internationally, as panellists or keynote speakers, including 180 such events in 2019. In addition to raising awareness at such events, the DPC emphasises the obligations of controllers to be accountable to the public in how they process personal data. The DPC has also undertaken a comprehensive consultation and actions on children's data protection rights with a wide range of adult and child stakeholders.

In regard to data privacy and algorithmic decision making, my Department is currently engaged in the Department of Business, Employment and Innovation-led process of developing a national artificial intelligence, AI, strategy. This work is at a very early stage, and the latest draft from the senior officials group on economic recovery and investment is due to be presented for further discussion. The DPC was consulted on the latest draft of this document, which addresses the areas of data privacy and the area of algorithmic accountability. The areas of "Trustworthy Data Governance for Al", "Ethical and Human Rights Frameworks for Al", and consideration of "high-risk" applications of Al, in line with the February 2020 EU White Paper on Al, figure prominently in this draft strategy document, as they did in the Government's submission to the public consultation on the EU Al White Paper. The public consultation stage concluded over the summer and the results of this are expected to be published in due course. Given the early stage of this work, the Department would be happy to engage with Senator Byrne or any Senator in developing this strategy further.