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Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I thank the Deputy and her team for their engagement, and that engagement is still open as we proceed in the next week. Unfortunately, I cannot accept her opposition to section 3. Section 3 provides for the ability to prescribe regulations in respect of the functioning of the Bill. Section 3 is necessary to ensure that where issues arise in terms of the effectiveness or efficiency of the...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I understand the intent behind the amendment but I cannot accept the wording because I am cognisant of the possibility of unintended consequences arising. My concern is the amendment could be used by parties to obstruct or delay Coimisiún na Meán or the CCPC in their making of a decision as to whether a suspected contravention with respect to the digital services regulation had...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: Absolutely. It is standard language used in respect of the serving of documents, but we will definitely look at it because I absolutely see where the Deputy is coming from.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: Even though we are dealing with digital matters, we are still dealing with the language of more traditional means of communication. Nevertheless, I absolutely see where the Deputy is coming from, so we will have a look at it before Report Stage. There will be some technical amendments on Report Stage, given we are trying to tighten up the language insofar as we can. One challenge with this...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 2: In page 10, to delete line 3. This grouping of amendments relates to the disclosure of personal data. The substantive amendments in the grouping are amendments Nos. 6 and 41 to 44, inclusive. Further to a review of the Bill as part of the consultation process mandated under Article 36.4 of the general data protection regulation, the Data Protection Commission...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: We will work up some cases for Deputy O'Reilly and share them with her. Unfortunately I will not be able to do so at the meeting.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I absolutely accept the spirit in which Deputy O'Reilly is coming to this. I assure her we will do everything to protect personal data. There may be circumstances in which it is necessary. We will engage with Deputy O'Reilly's team on some scenarios.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 3: In page 10, line 13, to delete "section 199" and substitute "section 201". The substantive amendment in this grouping is amendment No. 36, which seeks to insert two new sections into the Bill. These sections provide that, as set out in Articles 9 and 10 of the Digital Services Act, when an authority issues an order to act against illegal content, or an order to...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 4: In page 10, line 18, to delete "section 199" and substitute "section 201".

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 5: In page 10, line 22, to delete "section 199(2);"." and substitute "section 201(2);",".

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 6: In page 10, between lines 22 and 23, to insert the following: "(c) by the insertion of the following subsections after subsection (3): "(3A) Where the Commission processes or discloses special categories of personal data in accordance with this section, it shall only do so where the Commission considers that the disclosure is necessary and proportionate in...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 7: In page 11, between lines 11 and 12, to insert the following: "Amendment of section 38 of Principal Act 12.Section 38 of the Principal Act is amended— (a) by the deletion of subsection (1), (b) in subsection (2), by the substitution of "any decision" for "any other decision", and (c) in subsection (5)(a), by the substitution of "subsection (2)" for...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 8: In page 14, between lines 13 and 14, to insert the following: "Notice of communication under Article 58(5) 17.The Principal Act is amended by the insertion of the following section after section 139ZJ: "139ZJA. Where, at any time after the commencement of an investigation pursuant to a direction under section 139ZI(1), the Commission makes a communication under...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: We will check that. We are trying to tidy it up somewhere else. We will come back to the Deputy before the end of the meeting.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: We will work to provide a flow chart, although it may not be in graphic form. This is a complex matter. With other legislation in this space, there has been frustration that national co-ordinators have taken a national flag. This provision is about checks and balances to ensure that every possible point is checked. I am reluctant to include specific timelines in primary legislation....

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: Yes. We will try to make it as accessible as possible. It is all about checks and balances and ensuring that the whole process is as robust as possible and that the parties involved are protected. I am conscious that this team of people are working hard, but we will try to get a guide for the committee.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 9: In page 20, line 6, to delete “and”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 10: In page 20, line 8, to delete “paragraph” where it firstly occurs and substitute “paragraphs”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 11: In page 20, to delete line 14 and substitute “authority, and”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Dara Calleary: I move amendment No. 12: In page 20, between lines 14 and 15, to insert the following: “(g) any views communicated by the European Commission under Article 59(3).”,”.

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