Written answers

Tuesday, 23 September 2014

Department of Justice and Equality

Data Protection

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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306. To ask the Minister for Justice and Equality her plans to reform data protection legislation here; if she is satisfied that policy co-ordination at an EU level in this area is sufficient; and if she will make a statement on the matter. [35459/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Following an extensive consultation process, in January 2012 the European Commission published proposals for a General Data Protection Regulation to replace the 1995 Data Protection Directive (Directive 95/46/EC) and proposals for a Directive on data protection in the police and criminal justice area to replace the 2008 Data Protection Framework Decision (Framework Decision 2008/977/JHA). These proposals are subject to co-decision between the Council and the European Parliament. While the Parliament has already adopted positions in respect of both instruments, the JHA Council has not yet reached agreement on all aspects of the Commission's proposals and expert-level discussions are ongoing under the current Italian Presidency of the Council.

Following completion of the co-decision procedure, it will be necessary to review the contents of the Data Protection Acts 1988 and 2003 in order to ensure compliance with the revised data protection standards in the new Regulation and Directive. While many of the Regulation's provisions will be directly applicable without the need for domestic legislation, the Directive's provisions may, depending on the final content, need to be transposed into domestic law. It is likely that some amendments to the 1988 and 2003 Acts will be required.

As regards improved coordination at EU level, I welcome the Commission's proposals which are intended to ensure greater consistency in the interpretation and application of data protection standards across the EU. The proposals envisage, in particular, increased consultation and cooperation between the Member States' data protection authorities in a strengthened European Data Protection Board. Improved harmonisation in the interpretation and application of data protection standards across the Member States will contribute to reducing administrative burdens and compliance costs for businesses and ensure a more consistent approach to the exercise of individuals' data subject rights in the Member States.

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