Minister rejects Eircode criticisms

Communications Minister Alex White has rejected criticisms of forthcoming legislation aimed at regulating the privacy impact of the country’s new postcode, Eircode, amid claims it will cause a “mushrooming” of unwanted mail delivered to homes.

The sub-Committee on Communications yesterday met to consider the Communications Regulation (Postal Services) (Amendment) Bill 2015.

Sligo-North Leitrim TD Michael Colreavy (SF) raised criticisms of the privacy provisions for Eircode. He was unhappy privacy complaints would be referred to the postcode contractor, and claimed that the legislation lacked enforcement powers both here and abroad.

“I think there are risks in having a postcode contractor basically perform some of the duties that a Data Protection Commissioner would perform under data protection legislation,” Mr Colreavy said.

“I think that’s a dangerous precedent to be establishing and I think there could be unintended consequences from doing that.”

Mr White said the legislation would support existing data protection laws which would apply in the instance of a breach. “There have never been any issues raised that I’m aware of in relation to the adequacy of the enforcement measures in the Data Protection Act,” he said.

The minister said the Data Protection Commissioner had worked with the Eircode contractor on developing the code of practice for the new postcode, and the complaints procedure are not “supplanting or hollowing out” the commissioner’s powers.

Mr Colreavy, however, was unconvinced and tabled nine amendments to the legislation that were defeated.

“You say it has never been a problem up until now, but the dissemination of information and the facility to target specific addresses is not easily available now either.

“There’s going to be a mushrooming, or potentially a mushrooming, of unwanted data being sent to people’s homes.

“The processing could be in China or India, not in Dublin or Mullingar. The precedent of contractors making decisions that would normally be in the realm of the data protection commissioner, I believe, is a dangerous precedent. I believe it needs to be thought out an awful lot better,” he said.

But Mr White disagreed with Mr Colreavy’s analysis and said the complaints procedure would add an “extra layer” for complainants.

“In relation to extra territorial effect, that is a difficult issue whether any legislation, not just in this area but in any area, could have extra territorial effect,” he said, of concerns that Eircode could be exploited abroad.