Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

Amendment No. 64 and those that are consequential to it, namely, amendments Nos. 65 to 67, inclusive, address a matter raised by Senator Higgins and Ruane on Committee Stage regarding the notification of a person when his or her personal data is disclosed by an coimisiún. Section 33 of the Broadcasting Act 2009, as amended by this Bill, sets out the circumstances in which and the bodies to which an coimisiún may disclose a person's personal data. The purpose of these amendments is to require coimisiún na meán to endeavour to notify a person whose personal data under this section. This duty is qualified by the phrase "in so far as it is practicable to do so" to avoid an coimisiún being derelict in this duty by virtue of a person becoming highly difficult or impossible to contact.

The intention behind amendment No. 63 is sufficiently captured in subsection 2 of section 33 of the Broadcasting Act, as amended by this Bill. Throughout subsection 2, it is specified that the commission shall only disclose personal data where it considers that it is necessary and proportionate for the purposes set out in the various paragraphs of subsection 2. As a result, I am not accepting amendment No. 63.

Amendment No. 68 and the amendments consequential to it, namely, amendments Nos. 69 to 71, inclusive, address a matter raised by Senators Higgins and Ruane on Committee Stage regarding data protection impact assessments. The purpose of these amendments is to require the Minister where they are prescribed by statutory instrument either new bodies to which the commission may disclose personal data or new matters regarding which the commission may disclose personal data to consider where necessary carrying out a data protection impact assessment and if so, to carry out that assessment. It is must be noted that section 84(12) of the Data Protection Act 2018 already requires a Minister proposing a legislative measure relating to the processing of personal data to consult with the Data Protection Commission during the process of preparing the legislative measure in question.