Alice-Mary Higgins (Independent) | Oireachtas source

The amendment relates to a theme similar to that which will emerge in subsequent amendments. It aims to ensure that in the process undertaken by the commission there would be consideration of decisions previously made by other member state competent authorities in respect of similar or comparable investigations. It is important to acknowledge and learn as we move forward. I was very active when our data protection legislation was brought forward in 2018. A significant responsibility was placed on Ireland because we were, in effect, the main point of implementation in respect of the data protection regulation. Many people throughout Europe were disappointed that Ireland was perceived as not having been as robust, speedy or strong in its implementation of the GDPR as it ought to have been. I do not wish to rehash many of these points but issues have been highlighted. In the context of the Meta case, the European Data Protection Board voted to overrule the DPC. Separate from that, several countries have raised specific and individual concerns in respect of issues they encountered that they believed were not being adequately addressed in Ireland. In many cases, Ireland was the first port of call for a complaint but the effect of the breach in terms of GDPR was being felt in other countries. Relevant and reasoned challenges were filed by Spanish, Italian, Swedish, Polish, Portuguese, Norwegian, Austrian, Finnish and German regulators against the Irish decision in the Meta case, to give just one example. That is significant in the context of Ireland's credibility as regulator and our consistency.

It is important that as we come into this new area of regulation, where Coimisiún na Meán will have a key responsibility and we have VLOPs and other significant actors within Ireland, we send a signal that we will be robust in our implementation and cognisant of the pattern across the rest of Europe. I will be moving amendments similar to this one in respect of other sections. The amendment proposes that, in the process of making a decision, there would be consideration of similar decisions or similar or comparable investigations that have been conducted by other member states. There is a need to show that we will work constructively with other member states and be aware of the impact of these issues on other member states. The acceptance of the amendment would be an appropriate way for us to send that signal. If this was a clear part of the process, that would get Coimisiún na Meán off on the right footing in the context of its new functions.