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‘Last-minute’ amendment on DPC worries ICCL
Pic: RollingNews.ie

26 Jun 2023 data law Print

‘Last-minute’ amendment on DPC worries ICCL

The Irish Council for Civil Liberties (ICCL) has called on all political parties in the D谩il to challenge a Government move that it claims would 鈥渕uzzle鈥 critics of the Data Protection Commission (DPC).

The ICCL was referring to amendments added by the Government at the final stages of a miscellaneous-provisions bill.

to the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 will come before the D谩il for final debate on Wednesday.

The ICCL argues that the proposed changes will prevent people from speaking about how the DPC handles their complaint, and will make it 鈥渋mpossible鈥 for journalists to properly report on Ireland鈥檚 GDPR supervision of 鈥楤ig Tech鈥 firms that have their European headquarters here, such as Google, Meta, Apple, Microsoft, and TikTok.

鈥极辫补辩耻别鈥

Dr Johnny Ryan (Senior Fellow with ICCL) said: 鈥淛ustice should be done in public. The DPC should be holding public GDPR hearings, as the makes clear.

鈥淚nstead, the Government is attempting to make DPC decision-making even more opaque. The DPC is already exempted from freedom-of-information rules that could have aided in its reform.鈥

He added that the issue should not be the subject of what he described as 鈥渆leventh-hour amendments inserted during the end-of-term legislative rush鈥.

EU conflict risk

Dr Ryan called on the Government to explain why it wanted to introduce the change, and why it had tried to do so through a 鈥渓ast-minute鈥 amendment.

The ICCL also argues that the proposed change may damage the proper flow of information between the DPC and its peers across the EU, as the DPC will have the power to designate as 鈥榗onfidential鈥 material that should be shared with other European authorities.

鈥淭he amendment also creates a risk of conflict with imminent European law. The European Commission will soon propose a new regulation to harmonise the conduct of cross-border GDPR cases,鈥 the ICCL adds.

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