Maurice Quinlivan (Limerick City, Sinn Fein)
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271. To ask the Tánaiste and Minister for Justice and Equality his plans to make changes to section 8 of the Civil Liability Act 2004 in view of the new restrictions data protections laws place on businesses directly affected by this section; and if he will make a statement on the matter. [26932/18]

Charles Flanagan (Laois, Fine Gael)
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The amendment of Section 8 of the Civil Liability and Courts Act 2004 has been recommended by the Cost of Insurance Working Group Report on the Cost of Employer and Public Liability Insurance.  The Working Group, chaired by Minister of State for Financial Services and Insurance, Michael D'Arcy TD, is undertaking a review of the factors which are influencing the increased cost of insurance, and brings together the relevant Departments and Offices involved.  The Report on the Cost of Employer and Public Liability Insurance was published in January 2018 and is available on the website of the Department of Finance.

My Department is the lead in relation to Recommendation 6 of the Report which aims at amending the wording of section 8 of the Civil Liability and Courts Act 2004 to ensure that defendants are notified of a claim having been lodged against them. The intention is not to interfere with the discretion of the courts to deal with cases appropriately but to assist in enhancing the effectiveness of the statutory requirement for a plaintiff to serve a notice in writing on the defendant stating the nature of the wrong alleged to have been committed by him or her.

Among the amendments recommended to be made to section 8 is a reduction from two months to one month in the statutory time period for a plaintiff in a personal injuries action to serve a notice in writing on the alleged wrongdoer stating the nature of the wrong alleged to have been committed by him or her. In the view of the Working Group, this may be justified by way of being in alignment with data protection legislation which provides that data shall not be kept for longer than is necessary for the purposes for which it is obtained. This is relevant for personal injuries cases where CCTV may have captured relevant footage. Generally, the retention period for data protection purposes is one month, beyond which retention is only permitted in certain circumstances, including for example, in the context of an investigation.

In keeping with the relevant recommendations and timelines of the Working Group the relevant amendments to section 8 are under preparation at my Department so that a suitable legislative vehicle can be availed of for their timely introduction and enactment.