Data Protection

Dáil Éireann Debate, Wednesday - 9 April 2014

Wednesday, 9 April 2014

Questions (128)

Catherine Murphy

Question:

128. Deputy Catherine Murphy asked the Minister for Justice and Equality if he is concerned that the State may be liable for investigation by the European Commission and possible financial penalty arising from an interpretation of Directive 95/46/EC by the Data Protection Commissioner in which advice was issued to an organisation of the State that information obtained unlawfully may be destroyed, and further that permission to lawfully retain information obtained unlawfully may be granted retrospectively; and if he will make a statement on the matter. [16892/14]

Written answers

Minister for Justice and Equality

Directive 96/45/EC has been transposed into national law in the Data Protection Acts 1988 and 2003. While article 258 of the Treaty on the Functioning of the European Union allows the European Commission to commence proceedings before the Court of Justice where a Member State has failed to fulfil an obligation under the Treaties, I am not aware of any concerns on the part of the European Commission regarding application or interpretation of the Directive's provisions in this jurisdiction. In accordance with article 28 of Directive 96/45/ EC, and section 9 together with the Second Schedule of the Data Protection Act 1988, the Data Protection Commissioner is independent in the performance of his or her statutory duties.