Barry Cowen
Question:11. Deputy Barry Cowen asked the Minister for Justice and Equality his future plans for the Privacy Act 2006 here; and if he will make a statement on the matter. [46433/12]
View answerWednesday, 24 October 2012
Questions (11)
Written answers
The Privacy Bill 2006 was restored to the Order Paper of the Seanad in June 2006 at my request. In restoring the Bill to the Order Paper, my intention was to examine its provisions and to make any necessary changes and updating to the text. The previous Government had left the Bill on the Order Paper to give adequate time, first, to assess the effectiveness of the Press Council in dealing voluntarily with issues addressed in the Bill, and, second, to assess the impact of the new Defamation Act. I did not want to frustrate those processes in any way. For this reason I judged it sensible merely to restore the Bill in its original form.
However, as I indicated earlier this year during a debate on a Private Members Bill in the Seanad on privacy, I intend to review the adequacy of the 2006 Bill’s provisions in light of developing case law in this area since its publication. There is a broad spectrum of issues which need to be addressed in this debate, ranging, as I said from the role of emerging technologies and social media, the role of the State, the abilities of corporations to protect their legitimate interests and the rights of private citizens to go about their affairs without unlawful violation of their privacy. In this context it should not be forgotten that an individuals right to privacy is not a constitutionally recognised right and also a right protected under the European Convention on Human Rights and Fundamental Freedoms.
If the government decides that we need substantive legislation in this area, then the 2006 Bill will need some repair to ensure it achieves the objectives of preventing unwarranted intrusions into individuals’ personal privacy and striking a proper balance between the rights of individuals and the public interest. I should, of course, emphasise that violations of privacy may arise in a number of different contexts and are not, as is commonly assumed, the sole preserve of the traditional print or broadcasting media. Increasingly, we are seeing publication of citizens, via social media, of material which infringes the privacy of others. Unfortunately, there appears to be an insufficient understanding by users of social media of potential impacts on their privacy in that new sphere.
I remain a firm believer in the right of the media to fearless investigate and express views on matters of public interest. However, this cannot be at the expense of the rights of citizens to go about their business and to retain, as they choose, their anonymity. Most of the Irish media have been generally respectful of privacy. In this context, they are mindful of the principles contained in the Press Council Code of Conduct and the protection offered by the Constitution and as enunciated in a number of court decisions over the years relating to an individual's Constitutional right to privacy. Unfortunately, however, this is not always so and on occasion principle is overcome by sensationalism and false outrage in the pursuit of perceived commercial benefit in the heat of the competitive media environment and the pressures created by the speed of web based journalism and 24/7 continuous broadcast news. With regard to some reporting it is not so much about revelations in the public interest but stories to stimulate or satiate prurient interest.