Results 41-60 of 106 for data protection segment:7116692

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: The reason Deputies Daly and Wallace brought forward their amendments and I brought forward mine is that it is quite easy to imagine the circumstances in which a data protection officer is doing his or her job and the data controller has his or her own reasons for trying to frustrate the process. The organisation he or she is responsible for may not be complying properly with data protection...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: ...a more effective remedy already exists in law, namely, the 2014 Act, section 7 of which deals with the issue in a comprehensive way. I am satisfied that it provides an effective remedy where a data protection officer is experiencing difficulty in the performance of his or her functions. An important thing to take into account is the fact that a data protection officer who makes such a...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: I move amendment No. 124:In page 67, between lines 22 and 23, to insert the following:“Protection of Data Protection Officers 86. (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,...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 130:In page 76, line 4, to delete “privilege.” and substitute “privilege;” The new paragraph (j) is inserted in subsection (3) of the section in order to protect investigations, inquiries and prosecutions undertaken by the data protection commission into alleged infringements of the law enforcement directive, including data breaches. It...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: ...judicial authority acting in its judicial capacity” and substitute “the courts when acting in their judicial capacity”. Amendment No. 132 is a drafting amendment that clarifies that the data protection commission shall be competent to supervise the data processing operations of all bodies except the courts when acting in their judicial capacity.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: ...is, that the claim is unsustainable in law and is bound to fail, the term is not understood in other member states, except possibly in a common law jurisdiction such as the UK. On the contrary, to a data subject or a data protection authority in another member state, use of the word "frivolous" suggests that the matter is not regarded as sufficiently serious for investigation, while...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Mick Wallace: I move amendment No. 136:In page 86, between lines 18 and 19, to insert the following: “Rights under Article 80(1)106. (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 15(7) to take a...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: ...of the GDPR. Article 80.2 of the GDPR recognises that a member state may allow in its national laws for a not-for-profit body, association or organisation to take action on behalf of a data subject without the data subject's mandate. However, that is not part of our law and compliance with the GDPR does not require such a provision. The restrictions in the Bill on the taking of...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Mick Wallace: I move amendment No. 172:In page 98, to delete lines 22 to 25 and substitute the following:"(7) The court hearing a data protection action that has been brought, in accordance with section 118(1)(b), on behalf of a data subject by body, organisation or association to which subsection (2) of that section applies shall have the power to grant to the data subject on whose behalf the action is...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: I move amendment No. 173:In page 98, between lines 25 and 26, to insert the following:“(8) The court hearing a data protection action that has been brought, in accordance with section 118(2)(b)*, on behalf of a data subject by a body, organisation or association independently of the data subject’s mandate, shall not award compensation for material or non-material damage...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: ...of any profits made by a controller or processor because of infringements - is dealt with in Article 83.2(k) of the GDPR. It provides that when determining the amount of any administrative fine, the data protection authority shall have regard to "financial benefits gained, or losses avoided, directly or indirectly, from the infringement". I thank Deputy Ó Laoghaire for his...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: No. I am sure I can find it. If it is the case as far as the Minister of State and the Department are concerned that there is no requirement to provide for the Data Protection Commissioner to have these powers under Irish legislation so that it will be possible to recover profits gained on foot of offences under this Bill, I will be happy enough to withdraw my amendment.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: ...the date on which notice of the decision is received by him or her, be appealed to the court by the person concerned.”. Section 148 deals with an appeal to the courts arising from a decision of the Data Protection Commission. The amendment seeks to change the parameters by which such an appeal may take place. Having re-read the Government's draft, I believe subsection (5) is...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: I understand the appeal will relate to a decision of the Data Protection Commissioner.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: ...to delete line 37, and in page 124, to delete lines 1 to 17 and substitute the following:“(2) The assigned judge shall, in particular—(a) promote awareness among judges of the provisions of the Data Protection Regulation, the Directive and any enactment, rule made under section 156(3) or other rule of law that gives further effect to the Data Protection Regulation or effect...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: I move amendment No. 196:In page 124, between lines 17 and 18, to insert the following:“Processing of personal data where court is controller 157. (1) The Superior Courts Rules Committee may make processing rules in respect of personal data that are contained in a record of a superior court of record. (2) The Circuit Court Rules Committee may make processing rules in respect of...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: I move amendment No. 197:In page 126, between lines 25 and 26, to insert the following:“Reference to personal data in enactment 161. Subject to this Part, a reference in any enactment to personal data within the meaning of the Act of 1988 shall be construed as including a reference to personal data within the meaning of—(a) the Data Protection Regulation, and (b) Part...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: ... 162. Subject to this Part, a reference in any enactment to processing within the meaning of the Act of 1988 shall be construed as including a reference to processing within the meaning of—(a) the Data Protection Regulation, and (b) Part 5.”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: ...17 and under section 2 of the Firearms (Firearm Certificates For Non-Residents) Act 2000, and the Commissioner shall, notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, comply with that request. (2) In this section, “Data Protection Regulation” means Regulation (EU)...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Pat Breen: ...Act 1942 is amended—(a) in paragraph (az), by the substitution of “(S.I. No. 349 of 2016), or” for “(S.I. No. 349 of 2016).”, (b) by the insertion of the following paragraph:“(ba) to the Data Protection Commission that is required for the performance of that Commission’s functions under the Data Protection Regulation or the Data Protection...