asked the Minister for Justice if he proposes to introduce legislation to control the flow of, use of and access to computer process data held by Government Departments and private sector organisations.
11.
Ceisteanna—Questions. Oral Answers. - Computer Process Data.
10.
asked the Minister for Justice if he will consider recommending the setting up of a European data protection authority to define, control and restrict the free exchange of computer based information between organisations in the member states.
With the permission of the Ceann Comhairle I propose to take Questions Nos. 9, 10, and 11 together.
The question of the protection of privacy in relation to computerised personal data and the control of transborder flows of such data will come up for review in connection with the question of ratifying the Convention for the Protection of Individuals with regard to Automatic processing of Personal Data adopted recently by the Council of Europe.
Legislation would be required before the convention could be implemented. Consultations with the interests affected will be necessary, as well as research into the nature and extent of computerised personal data in both the private and public sectors. In the circumstances, it will not be possible to sign the Convention at this stage.
Is this an area of pressing concern to the Minister in view of the growth of technology and in view of the repeated calls by people in the industry for some type of legislative progress in this area? Is this a priority with the Minister? May we expect action soon?
I should like to assure the Deputy that it will be a priority with me. I am aware of what is involved and I should like to assure the Deputy that all interested bodies such as Departments, consumer bodies, and professional and commercial interests will be consulted. Legislation must be enacted and the matter will be fully teased out in the House.
Has this process of consultation commenced?
It has not. As of now there are a number of other important items on the priority list before this. However, I consider this an important matter which will receive my attention as soon as a few other items on my desk are disposed of.
In view of the minister's expressed concern I should like to know why the Government failed to sign the new OECD guidelines on privacy, a voluntary code which would have helped to underline his expressed concern in this respect. It should be remembered that we are one of the few countries that did not sign those guidelines.
The Deputy would need to table a separate question on that matter. I have no knowledge of it.
Is the Minister aware that the Minister of State at the Department of the Public Service. Deputy MacSharry, in this House on 23 October 1979, in reply to similar questions, said that the Government's attitude and policy was that in the final analysis the Minister was the final arbiter in relation to privacy of the individual or freedom of the individual to information on him?
The Deputy is extending the scope of the question. I take it that he has a point. When the consultations between the interested bodies take place legislation must be enacted. At that stage we can have a full scale debate.
In view of the fact that three questions have been taken together I should like to put a further supplementary to the Minister.
The three questions are about the same subject. I am calling the next question.
Is the Minister aware——
Ceist a 12.
Is the Minister even considering introducing legislation——
When I call a question, would the Minister please answer?