Bernard Durkan (Kildare North, Fine Gael)
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Question 326: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the request of the Data Protection Commissioner's office to the effect that each Oireachtas Member register and pay a fee under the requirements of the Act as opposed to central registration on behalf of Members by the Houses of the Oireachtas; if the privilege heretofore attaching to Members, their private papers, records, letters and communications are likely to be affected in any way in the event of the registration of individual Members under the Act; and if he will make a statement on the matter. [16411/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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The position is that under section 16 of the Data Protection Act 1988, certain categories of data controller are required to register formally with the Data Protection Commissioner. One such category comprises persons who keep personal data of a sensitive nature in respect of individuals.

Section 16 of the Data Protection (Amendment) Act 2003 amends section 16 of the 1988 Act and sets out revised registration requirements. In future, these requirements will not apply to categories of data controller specified in regulations to be made by the Minister for Justice, Equality and Law Reform following consultation with the Data Protection Commissioner. I have not brought these new arrangements into force yet pending completion of a consultation exercise.

I understand that no submissions have been made by, or on behalf of, Members of the Houses of the Oireachtas during the consultation period. However, while the formal deadline for the receipt of submissions has passed, I am willing to consider any submissions made by, or on behalf of, Oireachtas Members by the end of June 2004 before finalising the regulations that I have referred to.

The provisions of the Data Protection Acts 1988 and 2003 apply to all data controllers regardless of whether they are required to register formally with the Data Protection Commissioner.