Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 5:

5. In page 27, between lines 24 and 25, to insert the following:

“Review (Part 5)

45. The Minister shall, not later than six months following the commencement of this Part and every six months thereafter, oversee a review of the collection and processing of data under this Act, with particular reference to the necessity and proportionality of the continued collection and processing of personal data, including special categories of personal data, for the purposes outlined in section 42.”.

Amendment Nos. 5 and 6 are variations of each other. Their purpose is to insert a review clause into Part 5. Inserting such a clause would ensure that provisions relating to the collection and processing of personal data, including sensitive special categories of data, would be the subject of sufficient post-legislative oversight and scrutiny. Given the types of data that are to be collected, it is important we continually review the necessity and proportionality of the continued collection of this data and we must ensure safeguards that are in place to protect personal data are working effectively. The Bill, like the majority of the legislation passed through these Houses, will be subject to ad hocpost-legislative scrutiny by means of a 12-month post-enactment review. However, given the sensitivity of the data to be collected and processed under Part 5, it is important that we are explicit as to the processes that will ensure post-enactment scrutiny and oversight of the provisions in this specific part. The Minister of State and the Department are conscious of the need to provide robust protections in respect of personal data and have included safeguards in the legislation to this effect, but I would welcome an explicit provision that would ensure the post-enactment scrutiny of Part 5 by means of the insertion of a review clause or something similar.