Data Protection

Dáil Éireann Debate, Wednesday - 6 May 2015

Wednesday, 6 May 2015

Questions (259)

Richard Boyd Barrett

Question:

259. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality given that the Data Protection Act 1988 and amendment Act of 2003 outline eight rules of data protection that include data being obtained and processed fairly, keeping data for specified, explicit and lawful purposes, and disclosing data only in ways compatible with these purposes, and given that the statutory instrument signed into law on 10 March 2015 enables Irish Water to request and obtain data from third parties and, indeed, compels housing bodies to disregard the requirements of data protection law, her views that this statutory instrument compromises the fundamental right to privacy of the data subjects concerned as outlined in data protection law and compromises Ireland's compliance with and commitment to the European Union data protection directive 95/46/EC; and if she will make a statement on the matter. [17461/15]

Written answers

Minister for Justice and Equality

The position is that while section 2 of the Data Protection Act 1988, as amended, gives effect to the data protection principles set out in Article 6 of Directive 95/46/EC, sections 2A and 8 of the 1988 Act permit the processing of personal data for the performance of a function conferred on a person by or under an enactment. This is provided for under Article 7 of the 1995 Directive.

In the case referred to by the Deputy, the processing of personal data concerned is provided for in the Water Services Act 2013 (Prescribed Persons) Order 2015 (S.I. No 84 of 2015) which has been made by the Minister for the Environment, Community and Local Government under section 25 of the Water Services Act 2013.