Alice-Mary Higgins (Independent) | Oireachtas source

I am glad the Minister of State has spoken with such strong intention with regard to proper resourcing and appreciate that each decision must stand on its own evidence. Much as in every legal case, however, although it all stands on its own evidence, there is a level of looking to and learning from relevant information that informs the decision. It is not about being bound by previous decisions but, rather, simply being informed by them. The performance in the context of GDPR is very relevant to this point. In 2018, I thought we were going to seize the nettle but, unfortunately, we did not do so. An ICCL analysis found that 75% of the decisions of the DPC in a five-year period ended up being overruled in some way by the European Data Protection Board.

The Minister of State referred to different legal contexts but they are not different legal contexts. Ultimately, they are different legal contexts but it is the same law. We are talking here about EU law. The consistency and robustness of how it is applied is important and significant. As he is aware, there are provisions within the new legislation, possibly learning from GDPR, under which certain kinds of cases may be taken to a certain point earlier. It is important that we are clear and have learned from the past. Sadly, the State should have been far better in the context of GDPR. For example, the Department of Social Protection and others were quite combative when it came to taking on rulings from the DPC. In effect, the State had the opportunity to give leadership in terms of robust action in respect of GDPR and to take it on the chin when the State was found wanting. Instead, the State quibbled, as did the very large platforms and major actors, and we ended up with a DPC that was not internationally perceived as being as effective as it ought to be. That was damaging to us, which is why I am highlighting it in this regard.I appreciate each case is unique but each case should be decided on all the available evidence, part of which may be evidence that has come to light in the course of investigations in other countries or jurisdictions dealing with the same legislation.

I have spoken at length on this. I have a set of amendments that are very similar. I will not make all the same points on each amendment. It is a general issue. I am concerned. The signal needs to be strongly sent to Coimisíun na Meán. We do not want any danger of a perception that Ireland is a light touch or soft process. It will reflect poorly on us if that is the case.