Oireachtas Joint and Select Committees
Thursday, 3 May 2018
Select Committee on Justice and Equality
Data Protection Bill 2018: Committee Stage (Resumed)
2:00 pm
Pat Breen (Clare, Fine Gael) | Oireachtas source
I move amendment No. 195:
In page 124, between lines 17 and 18, to insert the following:“Restrictions on obligations of controllers and rights of data subjects for objective of safeguarding judicial independence and court proceedings
156. (1) The rights and obligations provided for in—(a) Articles 12 to 22 and Article 34, and Article 5 in so far as any of its provisions correspond to the rights and obligations in Articles 12 to 22, andare restricted to the extent that the restrictions are necessary and proportionate to safeguard judicial independence and court proceedings.
(b) sections 84, 88, 89, 90 and 91, and section 68 in so far as it relates to those sections,
(2) Subsection (1) is without prejudice to any other enactment or rule of law which restricts the rights and obligations referred to in that subsection.
(3) Without prejudice to the generality of subsection (1), a panel may make such rules as it considers necessary for the purpose of ensuring the effective application of a restriction under that subsection.
(4) Rules made under subsection (3) may relate to such matters as the panel considers appropriate for the purpose referred to in that subsection and, without prejudice to the generality of that subsection, may—(a) relate to one or more than one of the following:(5) Rules under subsection (3) shall be published in such manner (which may include publication on the website of the Courts Service) as the panel considers appropriate.(i) a class or classes of data subject;(b) include, where relevant, specific provisions as to the matters referred to in Article 23(2), and
(ii) a category or categories of personal data;
(iii) civil or criminal proceedings, or both;
(iv) a class or classes of civil or criminal proceedings, or both;
(v) the circumstances in which, or the conditions under which, a restriction under subsection (1) shall apply,
(c) make provision for such incidental, supplementary and consequential matters as appear to the panel to be necessary or expedient for the purposes of the rule.
(6) In this section, “panel” means a panel of three judges nominated by the Chief Justice for the purposes of this section.”.
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