Alice-Mary Higgins (Independent) | Oireachtas source

I will speak very briefly on amendment No. 16, as I had not realised it was grouped previously. This amendment follows on from earlier discussions. Essentially, it reminds the Minister that section 39 of the Act of 2004, as amended by section 198 of the Data Protection Act, does not suspend Article 15 rights. They still stand and can only be curtailed as necessary and proportionate in each individual instance. Each time somebody seeks a data subject access request, the Minister must be confident that it is necessary and proportionate for the functioning of future commissions that her or she not get that information in that individual instance. That is why I want the Minister to add a regulation, in order that it is not a blunt tool but a nuanced one.

We mentioned graves, but the issue that concerns me is that not giving people their own testimony or statements should be interpreted as damaging to the operation of future commissions. It will damage the future co-operation of witnesses and it will damage future commissions if those who participated are refused copies of their own testimony. I ask the Minister to interpret section 39 very clearly in that way. I will not press this amendment because, unless the Minister is able to accept it at this time, I do not want to put him in a position of having voted against that interpretation. I really want to engage with him on this matter. It is a fundamental and important interpretation. If the Minister is willing to engage and discuss this further, I would prefer not to put him voting against this on the record. Perhaps it is an issue that can be revisited in the Dáil.