Seanad debates

Tuesday, 31 May 2022

Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed)

 

12:00 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I note that necessity and proportionality are significant in this regard but they are not encompassed in the word "fairness".Necessity and proportionality have a significant legal meaning, for instance, in relation to data protection. These sections allow for the seizure of interpersonal communications, for example, communications between individuals. The scope of the Bill is such that it allows for personal cloud storage to be accessed and provides wide powers to access what would normally be regarded as personal materials. Naming necessity and proportionality, two of the core principles in the Data Protection Act, would be an appropriate signal to the officers carrying out their work.

I appreciate the Minister's point on the eight-month timeframe. I appreciate that providing a specific time might be too rigorous. The term "as soon as practicable" is a little vague. I will withdraw that amendment and I may use another word in a different amendment. However, amendment No. 203 is important and I ask the Minister to consider carefully the implications of the powers under this Bill and the question of clearly signalling necessity and proportionality because I do not agree they are covered by the phrase "fairness".

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