Seanad debates

Thursday, 8 February 2024

Digital Services Bill 2023: Committee and Remaining Stages

 

9:30 am

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail) | Oireachtas source

I will speak to the amendment but the Data Protection Commission is in a different Department, obviously. I have had engagement with it in my Ministry. It has developed significant robustness in recent years, with a record fine of €1.2 billion imposed on Meta. I wish Ms Helen Dixon well in her new role.In addition to preparing the Bill, however, we have ensured that Coimisiún na Meán, and its digital services co-ordinator, DSC, in particular, will be resourced to take on their role. We are very aware of the scale of the job. I was going to use the word "burden". We are very aware of the scale of the job. An Coimisiún is staffing up to do it. There will be a constant engagement with the DSC, under Coimisiún na Meán, regarding the resources it needs. I assure the Deputy that we will do everything possible to ensure Coimisiún na Meán and its DSC function is robust and resourced to take on these duties. Tensions between countries are inevitable in this space, particularly where there are different systems of law.

The amendment, which is relevant in that context, proposes that in coming to a decision on suspected contraventions, the CCPC must consider previous decisions by other member state competent authorities in respect of similar or comparable investigations. However, the decision as to whether a person has committed a contravention must be based on the unique facts that are prevalent to the unique case at hand. The CCPC must be able to stand by the evidence that underpins its decision in that case. It should not be influenced by outcomes of previous investigations or subsequent decisions. It will probably take them into account but it should be allowed to do that in the context of its work and the parameters set out for its investigations, to which reference was made.

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