Written answers

Tuesday, 17 June 2014

Department of Justice and Equality

Data Protection

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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543. To ask the Minister for Justice and Equality his plans to take systemwide action to ensure the protection of the personal data of citizens; and if she will make a statement on the matter. [25500/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that comprehensive statutory provisions concerning the protection of personal data are set out in the Data Protection Acts 1988 and 2003. This legislation transposes the Council of Europe's Data Protection Convention of 1981 and the EU Data Protection Directive of 1995 into national law in this jurisdiction.

The Acts of 1988 and 2003 impose data protection obligations on data controllers and data processors and establish specific data protection rights for individuals. In particular, the legislation provides that the personal data of individuals must be obtained and processed fairly; must be accurate and complete and, where necessary kept up to date; must be obtained for one or more specified, explicit and legitimate purposes; must be adequate, relevant and not excessive in relation to that purpose or purposes and be kept for no longer than necessary. Furthermore, the legislation requires that appropriate security measures must be taken by data controllers and data processors to guard against unauthorised access to, as well as any unauthorised alteration, disclosure or destruction of, personal data.

The Office of the Data Protection Commissioner, which has been established under the legislation, is independent in the performance of its statutory duties to uphold the data protection rights of individuals under the Acts, and enforce the data protection obligations of data controllers and data processors.

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