Dáil Éireann Debate, Wednesday - 3 July 2024
184. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth how the new data protection officer in Tusla can be independent if they are also a director of services within Tusla. [28458/24]
View answerThank you Deputy for raising this important matter. I have made contact with the Child and Family Agency, and Tusla has confirmed that it has appointed a Data Protection Officer who acts independently in their role.
In the interests of clarity the role referred to in the Deputy's question is not the precise job title of Tusla's DPO. The DPO's other duties relate to the support functions within Tusla rather than frontline services provided by Tusla.
With reference to the requirements of the legislation and associated guidance, I am advised by Tusla that a DPO has been appointed and the role encompasses all the tasks set out at Article 39 of the GDPR.
I am further advised by Tusla that Tusla’s DPO does perform other tasks and duties which as the Deputy will be aware is permitted under data protection regulations. Importantly, Tusla have advised me that they have been careful to ensure that no conflict of interest exists between these duties and those of DPO. Specifically in undertaking those other duties and tasks, the DPO does not determine the purposes or means of processing personal data within Tusla.
I am similarly advised by Tusla that Tusla’s DPO does not receive any instructions regarding the performance of her duties, is provided with staff, budget and resources in support of her duties and has the authority to investigate. Conditions for dismissal are set out in Tusla’s Disciplinary Procedure which applies to all employees. Furthermore, Tusla’s Data Protection Officer reports to the Audit and Risk Committee of Tusla’s Board and has direct access to the Chief Executive.
I am satisfied that this is in line with the prescriptions of the General Data Protection Regulation.
