[Leas] Cathaoirleach,
I am standing in for my colleague the Minister for Justice and Equality who is unavailable at present. At the outset, I want to thank Senator van Turnhout for raising this important subject.
I would like to take this opportunity to briefly set out the background to the European Commission’s proposals for reform of data protection law.
The centrepiece of existing EU legislation on personal data protection is Directive 95/46/EC which seeks to reconcile the protection of personal data with the free flow of such data within the internal market and to countries outside the EU.
It is widely recognised that the 1995 Directive needs to be updated to take account of more recent developments such as increased use of the internet, blogs and social networking sites and increasing globalisation of data transfers. In 2010, the Lisbon Treaty introduced a new legal basis for strengthened data protection standards in the European Union and Article 8 of the Charter of Fundamental Rights of the EU enshrines protection of personal data as a fundamental right.
In January 2012, following completion of an extensive consultation process, the European Commission tabled proposals for a radical shakeup of the current regulatory framework and these proposals are currently being discussed separately in the Council of the European Union and in the European Parliament. Adoption of the reform package is subject to co-decision between both institutions.
Article 5 of the Commission proposal for a General Data Protection Regulation, which sets out the principles relating to personal data processing, recognises that it may be necessary to retain personal data for historical, statistical or scientific purposes. Furthermore, Article 83 sets out specific provisions for processing of personal data for historic, statistical and scientific research purposes.
While the Minister has until now not been made aware of the specific concerns of the genealogical sector, he is aware that concerns have been raised that the provisions in the Commission proposal are not sufficient to accommodate the processing of personal data for historical, statistical, scientific or archival purposes. The Minister shares those concerns.
As the Senator may be aware, achieving progress on the European Commission’s proposals to update the Union’s data protection standards was a priority of the Irish Presidency and I am pleased to say that substantial progress was achieved on key aspects of the reform package. The Minister submitted a progress Report to the June Justice and Home Affairs Council which identified key aspects of Chapters I to IV of the draft Regulation. In addition, a draft revised text of Chapters I to IV which reflects the Minister’s view, as the then President of the JHA Council, of the state of play of negotiations at that stage. The Minister has arranged to have these documents laid before the Houses for the information of Deputies and Senators.
The draft revised text includes a number of proposals, which have yet to be discussed in detail at expert level, to address concerns in relation to the implications of the draft Regulation for the processing of personal data for historical, statistical or scientific purposes. It is understood that it is intended to discuss this issue at expert level shortly. The detailed discussions of these proposals will also afford an opportunity to consider whether proposals to deal with the processing of personal data for historical, statistical or scientific research are sufficient to cover archival purposes as well as bona fide genealogical and biographical research or whether specific provisions are necessary.
In conclusion, the Minister believes that the concerns in relation to the implications of the draft Regulation for historical, statistical, scientific or archival purposes, including for bona fide genealogical and biographical purposes, need to be examined further at expert level in the Council Working Party on Data Protection and Exchange of Information (DAPIX) and addressed, where necessary, by means of appropriate amendments to the Regulation.