Criticism of DPC confidentiality change ‘misguided’
Lawyers at McCann FitzGerald say that some of the commentary on a change in data-protection legislation that relates to information provided to the Data Protection Commission (DPC) has produced 鈥渕ore heat than light鈥.
A new section 26A of the Data Protection Act 2018 provides that the watchdog may, in specific circumstances, issue a notice requiring a person not to disclose specified information provided to them by the DPC, subject to limited exceptions.
The section was introduced by the recently enacted .
The change was added by the Government at the final stages of the bill, prompting criticism from the Irish Council of Civil Liberties, which argued that it would prevent people from speaking about how the DPC handled their complaint, and would make it 鈥渋mpossible鈥 for journalists to properly report on the supervision of 鈥楤ig Tech鈥 firms.
鈥楲imited鈥 categories
In on the firm鈥檚 website, however, the McCann FitzGerald lawyers say that, leaving aside the method and timing of its introduction, much of the substantive criticism of the amendment 鈥渟eems misguided鈥.
鈥淪ection 26A does not provide for a general ability for the DPC to 鈥榞ag鈥 anyone,鈥 they write.
鈥淚nstead, it enables the DPC to impose confidentiality obligations on limited categories of people, in respect of limited categories of information, in limited circumstances,鈥 the lawyers add.
McCann FitzGerald says that the change is intended to enable the DPC to share information with complainants or other participants in investigations, inquiries or complaints that will enable them to participate more fully in the process, without jeopardising its integrity or the ability of the DPC to perform its statutory function in relation to the relevant process.
The firm鈥檚 lawyers point to a number of limitations on the ability of the DPC to impose confidentiality obligations 鈥 including where information was given in confidence, and on the understanding that it would be treated as confidential, and where disclosure could 鈥渞easonably be expected鈥 to prejudice the effectiveness of the DPC鈥檚 performance of its functions.