Louise O'Reilly (Dublin Fingal, Sinn Fein)
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100. To ask the Minister for Enterprise, Trade and Employment if he is aware of a report (details supplied) produced by a union; and if he will make a statement on the matter. [22016/23]

Neale Richmond (Dublin Rathdown, Fine Gael)
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I note the Recommendations in the Report. The Report suggests that the concerns of employees raised in relation to technological surveillance can be addressed in two ways: through collective bargaining between employers and employee representatives, and through statutory regulation.

In relation to collective bargaining, it has been the consistent policy of successive Irish Governments to support the development of an institutional framework facilitating a voluntary system of industrial relations, premised upon freedom of contract and freedom of association. This system has served us well over the decades and there is an extensive range of statutory provisions in place to provide the legislative support for a voluntary system of industrial relations.

The freedom of association and the right to organise and bargain collectively are also guaranteed in a number of international instruments which the State has ratified and which it is, therefore, bound to uphold under international law. Employees have a right under the Constitution to be in a trade union which protects the rights and interests of its members. Under Irish law, an employee cannot be discriminated against or dismissed from their job because they are a member of a union.

Statutory regulation of technical surveillance in the workplace falls under the terms of General Data Protection Regulation and the 2018 Data Protection Bill, which have significantly increased employers' obligations and responsibilities in relation to how they collect, use and protect personal data.

The Data Protection Commission (DPC) is the national independent authority responsible for upholding the fundamental right of individuals to have their personal data protected. The DPC is the Irish supervisory authority for the GDPR, and also has functions and powers related to other important regulatory frameworks including the Irish ePrivacy Regulations (2011) and the EU Directive known as the Law Enforcement Directive. Any employee may request the DPC to enforce his or her rights in relation to Data Protection.

Trade unions may raise issues of non-compliance with GDPR or Data Protection legislation with employers, or may raise their member’s concerns with regard to workplace surveillance, as part of collective bargaining. If parties cannot agree, it is open to them to use the industrial relations dispute resolution mechanisms operated by the Workplace Relations Commission and the Labour Court.