Alice-Mary Higgins (Independent) | Oireachtas source

I thank the Minister for her engagement. Many of the concerns I have outlined in the amendments could be addressed by an appropriate data protection impact assessment. I recognise there is some necessity for proportionality in subsection (2), but I still have concerns with regard to regulations downstream. Data protection impact assessments are not necessarily long or arduous processes, especially when they are applied regularly in new provisions and regulations. I hope our capacity as a State to use them effectively and regularly will continue. It is always better than dealing with concerns after the fact.

I thank the Minister for her engagement on amendment No. 80. While it is the decision of the State to use a public interest rather than a consent basis for the sharing of information, the Minister is aware that many who will reach out or contact the commission will believe they are in direct communication with it but they may not be. This is why the question of the information is very important so that people are clear. They must be clear about the purposes for which the information they are sharing may be used. This is part of the transparency. It is separate from consent but it is important that it is clear. This is where looking to proper and appropriate information is important as it is with regard to penalisation, which we know occurs. For many whistleblowers and individuals highlighting their personal experiences can have a significant negative impact. Everything we can do to ensure people are aware is important.

Much of this would be addressed if we have an individual complaints mechanism that is very clear. Part of the problem is that there is almost an element of preparing for an individual complaints mechanism, but we have not received the proper expert group guidance on such a mechanism. This is something all of us want to see happening in the legislation. We would prefer to see it happening when the Bill is going through the Seanad, if possible. Perhaps the Minister might indicate whether we have a further narrowing down of when we can expect the expert group to come back on this matter.