Ministers have ‘difficulty’ understanding importance of data protection

Senior Ministers have difficulty understanding the importance of data protection issues and are not keeping a sufficient watch on the industry, the Seanad has been warned.

Fianna Fáil Senator Malcolm Byrne expressed renewed concern that Ireland faced the prospect of "significant reputational risk" over the misuse of data and through legal challenges including that of privacy activist Max Schrems.

Mr Schrems won a landmark case in July when the European Court of Justice declared the EU-US Privacy Shield data transfer mechanism invalid because it failed fails to guarantee the fundamental data protection and privacy rights of EU citizens.

The Schrems II ruling followed an earlier judgment in 2015 that invalidated its predecessor, Safe Harbour, on similar grounds.

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Mr Schrems had made his initial complaint to the Data Protection Commissioner (DPC) about the transfer of his Facebook data to the US, because Ireland is the EU headquarters of Facebook and other social media giants.

Mr Byrne said one of the major challenges Ireland faced in coming years “is the relationship between the State, the EU and other state actors and the social media giants”.

He said the Government needs to examine how the DPC is functioning in dealing with these cases and ensure that Ireland is best positioned to protect the privacy of individual European citizens and the country’s reputation”.

The Wexford Senator expressed concern that the Data Protection Commissioner sought to take the litigation route and suggested that if the Commissioner had made a decision based on the original case presented by Max Schrems and the response of Facebook and others it would have been up to them to challenge the DPC’s decision.

He asked Minister of State James Browne if he believed that was the correct approach. Senator Byrne has raised the issue on a number of occasions and repeated his concerns about the resourcing and staffing of the commissioner's office.

Mr Browne said he could not comment on legal proceedings involved the DPC because it is an independent agency. “Nor can I comment on findings of the courts, given that they are also independent in the exercise of their duties.”

The Minister stressed however said the State’s commitment is reflected in the programme for government in recognising “the domestic and international importance of data protection in Ireland.

“Moreover, we will ensure that Ireland delivers on its responsibilities under the general data protection regulation.”

He added that “the Government will continue to engage with the DPC to ensure that the latter has the tools, support and resources it needs to perform its important role”.