Results 21-40 of 69 for data protection segment:7123860

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: I move amendment No. 116:In page 102, between lines 26 and 27, to insert the following:“(9) The court hearing a data protection action to which subsection (8)* applies shall not award compensation for material or non-material damage suffered.”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 122:In page 108, to delete lines 9 to 16 and substitute the following:“(7) The court hearing a data protection action that has been brought, in accordance with section 119, on behalf of a data subject by a body, organisation or association to which subsection (2) of that section applies, shall not award compensation for material or non-material damage suffered.”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: .... This means that the reference to "such action" in subsection (1) is a reference to action that the commission must take, not to whether or not to take action. As regards notification of the data subject, subsection (6) requires the commission, as soon as practicable after taking an action referred to in subsection (5), to give the data subject a notice in writing setting out the action...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Donnchadh Ó Laoghaire: ...consideration. It is intended to ensure that there is an adequate filtering or triage of cases but the threshold is set very low in order that the vast majority can be taken. It also strengthens the data protection commission as any complaints above that threshold would have to be formally investigated and could not be dismissed. That would bring more transparency and make the Bill and...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Mick Wallace: ...Ó Laoghaire has tabled an amendment similar to that tabled by Deputy Clare Daly and me. The reworkings of the sections are a consequence of this and provide some additional protocols for the Data Protection Commissioner to follow in regard to a complaint. Section 107(1) contains what many consider to be a very strange provision which appears to allow the commission to receive a...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: This is a significant set of several amendments, each of which aims to oblige the data protection commission to investigate all complaints it receives from ordinary Joes in the same manner as the Bill provides for it to investigate issues of its own volition or where it is the lead supervisory authority in a broader European investigation. As has been stated, the Bill places no obligation on...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Donnchadh Ó Laoghaire: ...constitute a significant proposal. As mentioned in the context of other legislation, there is an inequality of arms in the legal system. I am not just referring to the making of complaints to the Data Protection Commissioner but also to taking cases to court which can be difficult. If one does not have the money to do so, that remedy is beyond one's reach. Although it would not...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: I move amendment No. 100:In page 96, between lines 1 and 2, to insert the following:“Rights under Article 80(1)107. (1) In addition to the rights conferred on a data subject under Article 80(1) to mandate a not-for-profit body, organisation or association to which Article 80(1) applies to lodge a complaint on his or her behalf with the Commission and, under section 116(7) to take a...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: This group of amendments deals with the section of the Bill that gives effect to Article 80 of the general data protection regulation, GDPR, on the representation of data subjects. There is a huge problem when it comes to people's privacy rights under data protection legislation in that individuals do not have the expertise, knowledge, time or money to enforce their legal rights. We are...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: The purpose of amendments Nos. 100, 114 and 117, as tabled by Deputies Clare Daly and Wallace, is to allow not-for-profit bodies, organisations and associations to exercise data subject rights on behalf of individuals before the Data Protection Commissioner and the courts but without the permission or agreement of those individuals. That would amount to an extraordinary change in our law. ...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Donnchadh Ó Laoghaire: I move amendment No. 92:In page 77, between lines 3 and 4, to insert the following:"Protection of Data Protection Officers 88. (1) The Data Protection Commission shall provide a protection, whereby Data Protection Officers may seek the assistance of the Data Protection Commissioner, due to the fact that the Data Protection Office is not in a position to carry out their role fully, due to...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Mick Wallace: ...of his or her tasks, that one of the DPO's functions is to act as a point of contact for people in regard to what is happening to their information and their rights under this Part, and that a data subject may contact a DPO to ask questions about what is happening to their data and what kind of rights they have under this Part. While we will not push amendment No. 89, we think amendments...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Donnchadh Ó Laoghaire: ...s amendments because while they deal with different aspects of the Bill, their intention is the same. It is not difficult to anticipate the circumstances in which it would be in the interests of a data controller to hinder, harass or in any way infringe the work of a DPO. That might be in the interests of individuals or senior management within any organisation and could restrict the...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: This group of amendments seeks to provide protection for the DPO. The objective of the amendments is to ensure that he or she is able to carry out his or her functions independently and without inappropriate interference by senior management or the person who has appointed them. Not only will a DPO have the benefit and advantage of the protected disclosures legislation but he or she will...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: ...within the meaning of section 19(1)) which that Minister considers appropriate having regard to the subject matter of the regulations. (12) Regulations made under this section shall— (a) respect the essence of the right to data protection and protect the interests of the data subject, and (b) restrict the exercise of data subjects’ rights only in so far as is necessary and...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: I move amendment No. 81:In page 48, between lines 10 and 11, to insert the following:“(11) Regulations made under this section shall—(a) respect the essence of the right to data protection and protect the interests of the data subject, and (b) restrict the exercise of data subjects’ rights only in so far as is necessary and proportionate to the aim sought to be...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Donnchadh Ó Laoghaire: I move amendment No. 82:In page 48, between lines 10 and 11, to insert the following:“(11) (a) Such regulations shall be referred before their enactment to the Data Protection Commissioner for their opinion under the terms of section 100.(b) The impact assessment shall have the purpose of ascertaining whether the proposed processing of special categories is—(i) necessary, (ii)...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 86:In page 76, to delete lines 12 and 13 and substitute the following:“(c) ensure that the data protection officer—(i) reports directly, in relation to his or her functions under subsection (5), to the highest level of management of the controller, (ii) does not receive any instructions regarding the exercise of such functions, and (iii) is involved in an...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: I move amendment No. 74:In page 45, line 34, to delete "Subject" and substitute the following:"Having regard to the balance of the rights and freedoms of data subjects and the rights and freedoms of others, and subject". Section 59 proposes that the Minister should have wide discretion in limiting the rights of persons given to them by Articles 12 to 22, inclusive, in respect of certain...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: ...as inserted by amendment No. 80, to which we agreed last night. It already provides that any regulation made under section 59 to which the Deputy referred must respect the essence of the right to data protection and restrict the exercise of data subject rights only in so far as it is both necessary and proportionate. Amendment No. 75 seeks to delete subsection (5) in its entirety. I...