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Dáil
‹ Order of Business

Data protection Bill

Summary

Catherine Murphy asks whether the new data protection Bill is coming forward and whether public bodies will be exempt from major fines. The Taoiseach says Cabinet has approved the heads of the Bill and that the issues can be examined during pre-legislative scrutiny.

It has been suggested that the draft heads of a new data protection Bill are on the way on foot of an EU regulation. Essentially, this relates to the Office of the Data Protection Commissioner. It has been reported that the new law proposes to exempt public sector bodies from huge administrative fines, except when they are competing against commercial interests. The State wants to exempt itself. Is this legislation coming forward? Has it been withdrawn? If it is coming forward, will there be pre-legislative scrutiny? The law of unintended consequences could deliver some very significant problems if this legislation does not receive proper scrutiny at an early stage.

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Enda Kenny The Taoiseach Fine Gael

This legislation is very important. Ireland is well ahead in dealing with data protection, which is being handled by the Minister of State, Deputy Eoghan Murphy. The heads of this Bill were approved by the Cabinet last week. The issues mentioned by the Deputy can be raised, dealt with and teased out when the Bill goes for pre-legislative scrutiny. In light of the nature and scale of investment in this country by multinational companies that have extensive assets in digitised material, we need to be fully compliant in respect of this issue so that we will be ready for the new directive from the European Commission, which will kick in during January of next year. That means we will have to enhance the Office of the Data Protection Commissioner, which we have changed and funded and to which we have provided experienced personnel. Further enhancement of that office might be needed, given the nature of the cases that might arise. The heads of this important Bill were approved last week. It will go for pre-legislative scrutiny. I am quite sure the Deputy's comments will be treated with proper respect in that context.

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