The Deputy will appreciate that I am not in a position as Minister of State of Justice and Equality to interpret the law, or to provide advice on a particular case in response to a Parliamentary Question. Moreover, it should be noted that the Data Protection Commissioner enjoys complete independence in the performance of her functions under the Data Protection Acts 1988 and 2003.
Statutory provisions relating to the investigation of complaints and the issue of enforcement notices are set out in section 10 of the Data Protection Act 1988, as amended. Where the Commissioner considers that the Act has been contravened in relation to the collection, processing, use or disclosure of personal data by a data controller, an enforcement notice may, having regard to due process requirements, require the blocking, rectification, erasure or destruction of the data concerned. The normal time limits applicable to enforcement notices do not, however, apply where the Commissioner by reason of special circumstances considers that the matter should be dealt with urgently and includes a statement to that effect in the notice.
