The Data Protection Commission says there is a sound legal basis for Stephen Donnelly’s controversial food tracking rules.
Despite critics comparing them to something out of George Orwell’s dystopian 1984 novel, the impact they have on anybody’s fundamental rights is “insignificant”.
Deputy Data Protection Commissioner Graham Doyle was commenting after the Health Minister’s new rules were implemented.
Mr Donnelly has been under fire from publicans and even his own backbenchers over the introduction of what they say are “crazy” new rules requiring restaurants and pubs serving food to record all food orders and keep the information for 28 days.
Fáilte Ireland has even tried to distance itself from the backlash by making a point of telling people that Mr Donnelly is the person who signed off on the statutory instrument.
Among the critics, CEO of the Restaurants Association of Ireland (RAI) Adrian Cummins has condemned the “the lack of consultation and the sly announcements."
Chief executive of the Vintners Federation of Ireland (VFI), Padraig Cribben, has called the new rules "bureaucracy gone mad".
However, Mr Doyle said: “The interference with fundamental rights, in this case, is not significant and the data collected and the purpose for its collection mean it is unlikely to result in any significant risks to the rights of an individual.
“In this case, the stated aim of Government in procuring compliance with the regulations through inspections by An Garda Síochána in the context of the pandemic is sufficient justification for the level of interference that arises.”
He added: “It is not a matter for the Data Protection Commission to decide or comment on Government policy.
“It is the role of the DPC to monitor compliance with data protection law and, in this case, the legal basis is sufficient.”