Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

As the Senator said, the Bill currently provides that the Minister of the day may prescribe suitable and specific measures for processing special categories of personal data. Amendment No. 41 proposes that the provision be modified to oblige the Minister within 12 months of the passing of the DSA, to prescribe specific measures for the processing of special categories of personal data. Amendment No. 42 proposes that the Bill be further amended to provide that the Minister may prescribe further suitable specific measures from time to time.

We have engaged in significant consultation with many bodies and with the DPC on this Bill in relation to this matter and others. We had significant consultation with the DPC in drafting the positions relating to personal data. There is no requirement for Coimisiún na Meán to actively seek to process special data. However, in the course of those consultations, the DPC considered it prudent to make the provisions in the Bill in the event that such processing is required when dealing with complaints. The DPC, Coimisiún na Meán and the CCPC are currently engaged in discussions in relation to data protection matters, including the role of data protection and privacy statements for transparency purposes. The design of the complaints form is important. I am sure the Senator will agree that good design can go a long way towards limiting the data submitted to the type of data required.

Only time will tell when it is necessary for Coimisiún na Meán or the CCPC to process special category data and the type of safeguards that may need to be prescribed in regulation. On that basis, I am opposing amendments Nos. 41 and 42. We need to wait and get the system up and running. Then we will take the action by regulation if required. As I have emphasised throughout the debate, such regulation will be laid before both Houses so that there can be scrutiny. The provisions currently set out in the Bill for prescribing specific measures for the processing of special category data will allow the Minister of the day to take necessary action if required.I take the Senator's point. I feel it is just a bit early in the process to go where she wants to go, but we have the provisions in place to do so.