Seanad debates

Wednesday, 1 February 2023

Road Traffic and Roads Bill 2021: Committee Stage

 

10:30 am

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

The Minister might wish to respond to Senator Ruane's proposal. It is a really good compromise. It is not as strong as my proposal of naming each device but it is making it very clear that it is only to devices attached to a very particular and explicit purpose, namely, the investigation and prosecution of particular offences under the Road Traffic Act. That does not tie it to the device but ties it very narrowly to the purpose in terms of what are relevant data-gathering devices for this Bill to be legislating about.

Frankly, the idea everything is unregulated if it is not in the Road Traffic Act does not really stand up. We have a Data Protection Act and we already have a presumption that we must have a clear, necessary and proportionate rationale for processing data. Therefore, it is not the case it is a free-for-all unless it is in this Bill. That would be a wrong and inaccurate message to send out from the House. It would be useful for the Minister to give a response to the point put forward by Senator Ruane around not naming the specific devices but the specific purposes. I am aware that later on, the Bill talks about the purpose for which they may they be used but we say it should be restricted to devices for that purpose, in order that some of the dangers I have highlighted would be ruled out. This could include data gathering for commercial purposes and other things that might be added in. It would be useful if the Minister could specify and tie it to the specific functioning of the Road Traffic Act.

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