Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 41:

In page 50, line 39, to delete “may” and substitute “shall, within 12 months of the passing of this Act,”

This amendment relates to the powers that sit with the Minister of the day in the context of the processing of special categories of personal data. The GDPR recognises that there are categories of sensitive personal data in respect of which suitable and specific measures or additional safeguards may be needed. The Bill states that the Minister may prescribe suitable and specific measures in relation to special categories of personal data. I am of the view that the Minister should do so. The reason I tabled these amendments is because I know it is not a one-time-only scenario whereby the Minister shall prescribe measures and then that will be finished. Suitable and specific measures may change with the appearance of new dangers, loopholes or threats - for example, artificial intelligence - relating to special categories of personal data or ways in which such data may be exploited. In this context, we have seen the scraping of biometric data from photographs on the Internet is common. We have also seen waves of harvesting of special categories of personal data take place. New threats may emerge. I want to give the flexibility in the context of the term "new". I understand that the term "may" can apply to the flexibility, but I want to ensure that we hit the ground running. We need to go ahead and start working right now on identifying the suitable and specific measures needed for special categories of sensitive personal data.

Amendments Nos. 41 and 42 work as a set. I am trying to ensure that we do not simply have a power sitting in the background. It is already going to be the case that from day one there will be a need for some suitable and specific measures around certain categories of personal data. We need to ensure that this is going to start happening as soon as possible.