Emmet Stagg (Kildare North, Labour)
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Question 178: To ask the Minister for the Environment, Community and Local Government if he will review and amend the legislation that prevents local authorities from publishing the names of those who have been successfully prosecuted under the terms of the Litter Act; and if he will make a statement on the matter. [34921/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Data Protection Commissioner has indicated to my Department that actions taken by local authorities in publishing the names and addresses of persons fined or convicted as a result of littering or illegal dumping, whether by publication on their websites or by notices published in the local press and paid for by the local authority, would be in breach of the principles of data protection. These principles are contained in the Data Protection Act 1988 as amended by the Data Protection (Amendment) Act 2003, and in particular, by Section 2A of that Act. Data Protection legislation is a matter for my colleague, the Minister for Justice and Equality.

My Department is currently examining whether an amendment could be made to the Litter Pollution Act, which would address the issues raised by the Data Protection Commissioner, while allowing for the publication of the names and addresses of those convicted under the Act.