A Tipperary company law expert says an amendment to the Data Protection Act this week was snuck in without consultation.
Paula Carney Hoffler, who has expertise in the area says this amendment allows the Irish Data Protection Commission (DPC) to label all matters before it as confidential, effectively ‘gagging’ anyone who may have a complaint against them.
She says this is hugely concerning not only in terms of Freedom of Speech, but for the possibility it could criminalise Whistleblowers.
Paula told Tipp Today that it was very disappointing to see an almost empty Dáil chamber when some politicians were voicing their objections on Wednesday.
“But there were only 5 or 6 TDs standing there for the objections and then Minister Browne got up and read a statement and we are all meant accept that. There was no proper procedure in place to allow this law go ahead this was snuck in, a week before this amendment was being heard in the Dáil. They came in for the vote but they weren’t there for arguments, I mean even the Opposition party could have done a lot more in relation to securing votes on this.”
Anyone who complains about the work of the DPC now be prosecuted.
Paula says this may have an impact on the likelihood of Whistle-blowers coming forward.
“So basically if I as a company went into a procedure with them I am voicing my complaints to them about a particular situation, the DPC are slow at doing any progress I go to the news and media and declare it and share the documents, I can go to prison I can be held accountable. Whistleblowers have to be protected. If I was to come and obtain documents probably in a wrong manner, and share it, will I be in trouble?”
