Speech
Statement by Minister for Law Reform, James Browne TD Commencement Matter - 23 September 2020
By: James Browne
Published on
Last updated on
By: James Browne
Published on
Last updated on
Senator Malcolm Byrne
To ask the Minister for Justice if she is satisfied with the number of staff at the Office of the Data Protection Commission, with the level of expertise therein; what policies Government has in place with regard to raising public awareness around data privacy and algorithmic decision making, and if she will make a statement on the matter.
Check against delivery
The Minister would like me to thank the Senator for raising these important matters.
The government position is reflected in our ongoing commitment in the Programme for Government to ‘Recognise 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 (GDPR)’.
Under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, the Data Protection Commission is completely independent in the performance of its tasks and the exercise of its powers. It does not report to the Department of Justice and Equality, nor has the department any oversight or enforcement powers in relation to the Commission.
The Department of Justice and Equality and the government has shown its commitment by providing significant additional resources, in terms of funding and staff resources, to the Data Protection Commission (DPC) in recent years.
The department continues to engage with the DPC on an ongoing basis to service current sanctioned staffing requirements. A request for sanction for two additional Director posts has been made to Department of Public Expenditure and Reform (D/PER), with the support of the department, based on the funding that the Office of the DPC has available in its 2020 budget allocation.
This funding has been provided from the Exchequer each year in response to those needs identified by the DPC including by way of meetings its staffing and expertise requirements. The budget of €16.9 million in 2020 is a 61% increase on the actual expenditure by the office of €10.5 million in 2019. While there have been some delays and underspends in completing the necessary public recruitment processes for reasons beyond the Commission’s control and that of my department, the necessary funding to achieve this has been allocated.
The Minister is aware of the increased pressure that the DPC finds itself under as a result of issues arising from the COVID-19 pandemic. The Minister would like me to convey her appreciation of the commitment of the Data Protection Commissioner and all of the staff involved for continuing to deliver effective data protection regulation and protection of the data privacy rights of EU citizens during this challenging time. Minister McEntee has every confidence in their ability to continue to do so.
The DPC operates an extensive social media strategy that includes disseminating information through social, national and international media. In addition, the DPC frequently update their website with guidance, blogs and other publications for both organisations and individuals. The DPC also participates widely in events, nationally and internationally, as panellists or keynote speakers including 180 such events in 2019. In addition to raising awareness at such events, the DPC emphasises the obligations of controllers to be accountable to the public in how they process personal data.
The DPC has also undertaken a comprehensive consultation and actions on Children’s Data Protection rights with a wide range of adult and child stakeholders.
In relation to data privacy and algorithmic decision making, my department is currently engaged in the Department of Business, Enterprise and Innovation led process of developing a national artificial intelligence or AI strategy. This work is at a very early stage, the latest draft from the Senior Officials Group on Economic Recovery and Investment is due to be presented for further discussion. The DPC were consulted on the latest draft of this document which addresses the areas of data privacy and the area of algorithmic accountability.
The areas of ‘Trustworthy Data Governance for AI’, ‘Ethical and Human Rights Frameworks for AI’, and consideration of ‘high-risk’ applications of AI – in line with the February 2020 EU White Paper on AI – figure prominently in this draft strategy document as they did in the government’s submission to the public consultation on the EU AI White Paper. The public consultation stage concluded over the summer, and the results of which are expected to be published in due course.
Given the early stage of this work the department would be happy to engage further with Senator Byrne should he require any further information.
ENDS