Simon Coveney (Cork South Central, Fine Gael)
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Question 45: To ask the Minister for Justice, Equality and Law Reform his plans to improve data protection legislation here in view of recent data breaches; and if he will make a statement on the matter. [28233/08]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy will be aware, the law relating to the protection of personal data is contained in the Data Protection Acts 1988 and 2003. These Acts give effect both to the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and Directive 95/46/EC of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

I am not aware of any proposals to amend either of these instruments at present. This existing legislation requires that appropriate security measures be taken against unauthorised access to, or unauthorised alteration, disclosure or destruction of personal data and permits the Data Protection Commissioner to carry out investigations, on the basis of a complaint or on his own initiative, to ensure compliance with the legislation. However, I can say that operation of the law in this area is kept under review in my Department. In that context, I have decided to establish a broad consultative process, to include the relevant stakeholders, with a view to studying the complex issues arising, including the question of a mandatory reporting system, and incorporating an examination of the economic impact of any changes to Data Protection Law.

I expect to make a further announcement with the details of this process in the near future. I should say, however, that on a preliminary examination, the issues arising are far from straightforward and will require lengthy consideration as well as input from a wide range of often conflicting viewpoints.