Written answers
Tuesday, 31 May 2022
Department of Education and Skills
Departmental Consultations
Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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393. To ask the Minister for Education and Skills if her Department consulted the Data Protection Commission at any stage during the preparation for the Education (Admission to Schools) Act 2018, as required by Article 36 (4) of GDPR; if not, the reason for same; and if she will make a statement on the matter. [27571/22]
Norma Foley (Kerry, Fianna Fail)
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The provisions of General Data Protection Regulation (GDPR) applies from 25th May 2018, and requires consultation under Article 36(4) of Regulation to take place prior to the proposal stage of the Bill.
The Data Protection Commission (DPC) has published a guide on the legislative consultation requirement: The Legislative Consultation Process.pdf (dataprotection.ie).
The guide provides that in order to effectively meet the requirements of Article 36(4) GDPR and section 84(12) of the Act, the DPC should be consulted on legislation during the development phase. The guide advises that an appropriate time to consult the DPC is at the stage of well-developed Heads of Bill for primary legislation and when there is a preliminary draft of a Statutory Instrument for secondary legislation.
The Education (Admissions to Schools) Bill was debated in the Dáil and had passed the Report (4th) Stage in the Dáil on 29thMay 2018 and passed the Final Stage in the Dáil on 30thMay. It was passed by both Houses of the Oireachtas on 4thJuly 2018 and signed into law on 18thJuly 2018.
Consultation under GDPR was not undertaken as the Education (Admissions to Schools) Bill was well advanced in the legislative process at the time.
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