Oireachtas Justice Committee raises concerns over plans to reform key data protection laws

The Oireachtas Justice Committee has written to European Commission chief Ursula von der Leyen to raise concerns over plans to reform key data protection laws. Picture: Andreea Alexandru/AP

The Oireachtas Justice Committee has written to European Commission chief Ursula von der Leyen to raise concerns over plans to reform key data protection laws.

Proposals to reform the General Data Protection Regulation (GDPR) came in mid-2023, with the European Commission seeking to deal with issues related to ‘cross-border’ investigations into data protection breaches.

The GDPR outlines how personal data can be used and stored.

The Commission says that the reform proposals will work towards “harmonising” rules around the rights of complainants, the rights of parties under investigation and to streamline dispute resolution.

Currently, depending on where a complainant submits their complaint, it can be treated differently by individual data protection authorities. The Commission says that, as a result, conclusions in cross-border data protection investigations are delayed.

The Justice Committee says that while it supports the “fundamental ideas” behind the GDPR reform, it says that it has “significant” concerns about the plan.

“The overall effect of this proposal will be to weaken the enforcement of the GDPR and as such, undermine the protection of the fundamental rights of EU citizens,” the committee wrote.

In particular, the letter states that the changes to the regulations would “limit the role of the complainant”, while shifting the balance in favour of defendants in data breach cases.

“The Committee is concerned that the proposal would have a negative impact on the procedural rights of complainants and notes that Ireland currently adopts strong provisions to safeguard the procedural rights of complainants in such cases,” the committee writes.

The letter, which has also been delivered to Justice Minister Helen McEntee, European Parliament president Roberta Metsola and EU Council president Charles Michel, is also critical of proposals around confidentiality.

In particular, the committee says that the proposals are akin to “gagging” complainants, as they will have to submit a confidentiality declaration before they receive the preliminary findings of an investigation.

“The Committee observes that any confidentiality measures included under the Regulation must be necessary and proportionate. Confidentiality should be used as sparingly as possible to ensure transparency and fair procedures,” the committee wrote.