Denis Kelleher, barrister, author and data protection specialist, presented on the topic of whether Ireland is a soft touch when it comes to privacy and data protection.
Kelleher highlighted the fact that data protection and privacy laws were in need of updating as the current laws were envisaged and enacted before the advent of the Internet and the likes of social media in particular. With particular respect to irish law, he said Ireland applies EU law, therefore if Ireland is criticised, it means that EU law needs to be updated.
That said, Kelleher is of the opinion that Irish DPC is doing an excellent job of regulating a very difficult area, in the context of EU law that is out of date.
Kelleher also made a very interesting observation with regard to whisteblowers and informants. Highlighting the Irish historical experience with informants, from various political struggles when emerging as a nation, the attitude is one of deep mistrust, asserting that Ireland was once a surveillance society. There is, said Kelleher, a deep-seated history of prejudice against informants. This has coloured debate when it comes to people revealing information, even in the electronic realm.
Ireland has, argues Kelleher, some of the most primitive data processing operations in Europe. He cited the fact there were no postcodes here, no national ID cards or comprehensive ID numbers, and no GCHQ or NSA equivalents. With regard to whistelblowers, protections were only recently introduced, as was the appointment of a government CIO.
However, Kelleher said that the current data processing systems are deeply protective of privacy.
“We have constructed systems that protect our privacy in the deepest way possible. Privacy is very important to Irish people,” he said, echoing all the speakers at the conference.
“Irish law does protect privacy in a very effective manner,” he said.
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