Seanad debates

Tuesday, 8 July 2025

Data Protection Act 2018: Motion

 

2:00 am

Garret Kelleher (Fine Gael)

Is maith an rud é a bheith ann fáilte a chur roimh an Aire Stáit, an Teachta Collins, arís chuig an Seanad chun an tAcht um Chosaint Sonraí 2018 a mhíniú agus, go háirithe, na rialacháin atá os ár gcomhair inniu a phlé.

We in the Fine Gael group recognise the importance of a positive resolution of the three draft regulations before us today and of striking the right balance between enabling certain State bodies to carry out their regulatory and oversight roles while also recognising the need to protect the rights of individuals with regard to limitations in the storage and use of their personal information and data under the general data protection regulation, GDPR. Since the introduction of GDPR from 2018 onwards, we have become aware of some unintended consequences of the regulations that need to be addressed and improved. One of these which I am aware of from my time as a local councillor and involvement in Tidy Towns is in the area of surveillance of illegal dumping, where local authorities have found it impossible to prosecute those who have engaged in wholesale illegal dumping, thereby destroying our countryside and towns, as the authorities are prevented from using CCTV footage as part of their evidence under the current interpretation of the GDPR. This is another area that requires legislative change.

The concerns expressed by the European Commission, as comprehensively outlined by the Minister of State, in respect of the Data Protection Commission, the Office of the Information Commissioner, and the Comptroller and Auditor General are valid and require clarification. I believe the regulations before us today achieve the clarity we seek. As the Minister of State outlined, the draft regulations are solely intended to close any potential loopholes of possible alternative interpretation and do not create any new restrictions on the rights of obligations of data subjects and controllers under the GDPR. For these reasons, we are happy to support the three regulations before the House today.

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