James Browne (Wexford, Fianna Fail) | Oireachtas source

It is a matter of law that all persons and bodies are bound by the provisions of the GDPR and the 2018 Act. The law is strict as regards a person’s health and financial data. It is not the role of the authority to request or receive sensitive health-related information in respect of people who are gamblers, neither is it permissible for the HSE to share such data. In that regard, I will not accept amendment No. 9. However, as part of its research function, the authority will be liaising with public health bodies and will be in a position to consider general health data relating to gambling patterns and addiction.

Regarding amendment No. 10, Senator Black cited on Committee Stage a need for the Central Bank to share account holders’ data with the authority.If they identify suspicious behaviour, matters of fraud would be for the banks to address not the authority. Senator Black also stated that the banks could notify the authority if the affected people were using their savings for gambling. The banks have numerous obligations in respect of money laundering. Outside of this, however, it is not a matter for the banks or anyone else to determine whether a person who is using moneys from his or her savings account lawfully should be prevented from doing so. This is neither practical nor is it permissible.

The legislation bans the use of credit to gamble and the options were made for a person to approach their bank if they feel they need to have certain types of payments blocked on their account. Persons who feel they have a problem with gambling also have the option of going onto the national gambling exclusion register. In this context I am satisfied that such an amendment is not practical or permissible, and that the Bill provides sufficient financial and social tools to support people who consider that they need help.