Ivana Bacik (Labour) | Oireachtas source

This group of amendments relates to the application of data protection regulations but, as others have said, it is of genuine concern that there are reports that the Data Protection Commissioner has expressed serious reservations about the effect of the 2004 Act and stated that, as a result of its application, we will see effective sealing for 30 years. I am conscious that the word "sealing" is loaded but the reality is that this is the effect for survivors, who will not have access to their personal information. Reports just emerging indicate the Data Protection Commissioner has said it is difficult to see how the 2004 Act's provisions on the sealing of documents could supersede the Data Protection Act 2018 given that the latter Act states any restriction of the right to access personal data can be implemented only to the extent necessary and proportionate to safeguard the effective operation of commissions and the future co-operation of witnesses. On the basis of the view of the Data Protection Commissioner, it is difficult to see how rights of citizens to access their own records can be prohibited or prevented through an Act that was passed prior to the passage of the data protection law. That is a crucial issue. The recent reports really illustrate the fact. It is a point we have been making throughout the debate on the Bill.

I have one other point. The Minister, in his response to the debate on the earlier group of amendments, stated the commission is independent and he could not make a request of it to extend its time, but clearly there was correspondence from the commission to the Minister in the first place, based on legal advice we have not seen, seeking that this legislation be passed. From the helpful briefings we had with the Department, I believe that was the case. In the context of that correspondence, it might have been possible to request that the commission extend the time.

I previously welcomed commitments the Minister made on supports for survivors. I welcome the commitment he made in the Seanad, and again in the Dáil, that there would be an index to the database published. That is all very welcome but the central point arising from these amendments and the application of data protection law - the central point about how the 2004 Act can act as a blanket barrier to the accessing of personal data - remains the key point. It has been very much raised by the Data Protection Commissioner.