Results 7,301-7,320 of 8,768 for speaker:Alice-Mary Higgins

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I move amendment No. 2:In page 10, line 3, after “identity” to insert the following:“excepting such parts of that public service identity which constitute special categories of personal data under GDPR, including biometric data such as facial images which allow for the unique identification or authentication of a natural person”. These amendments relate to the...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: We are going around the houses and we are going around the amendments because the section on pensions has absolutely nothing to do with this section, section 6, and base registries have nothing to do with these amendments. The key questions and concerns I raised have not been addressed. I have not raised concerns about pensions or base registries. Nobody is in a position to invoke the Data...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I do not want to spend too much time on this grouping but section 12 sets out a number of situations. I could read Article 9 and section 12-----

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I would prefer not to have to address it but section 12 of the Bill, which sets out circumstances under which one can share data, and Article 9 of the GDPR which sets out the circumstances under which one may share photographs, are different. Different circumstances are provided for in each. I am suggesting ways to make them compatible and am trying to be constructive. Repeatedly stating...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: In that case, why is the public service data set only excluded in one small sub-section of circumstances in section 12? Why does the Bill specifically allow for the public service data set to be processed under section 12? The public service data set has within it special categories of personal information. Is it the view of the Minister of State that facial images could not be shared...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: If that is so, why does the Minister of State object to amendment No. 3 which aims to make that clear in section 6? I accept that the Minister of State does not wish to accommodate these amendments.

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I move amendment No. 5:In page 10, to delete line 5 and substitute "where the information is disclosed in accordance with Article 9 of GDPR.". I urge the Minister of State to re-examine these amendments because I intend to reintroduce them on Report Stage. It is a question of which amendments we will press. I will be happy to engage with the Department and with the Minister of State on...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I move amendment No. 6:In page 10, line 8, to delete "section 12(2)(a)(ii)(VIII)" and substitute "section 12(2)(a)(ii)(III) or (VIII)". Amendment No. 6 refers to the interaction with the Social Welfare Consolidation Act 2005. All of these amendments are being proposed to resolve a problem of legal incompatibility arising from a 2015 European Court of Justice case between Google Spain and a...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: The Tallinn Declaration is a declaration, whereas the GDPR is law. They are quite different. The GDPR takes significant precedence on the hierarchy of priority. I suggest that in invoking the once-only principle, the Minister of State has given the Tallinn Declaration an equivalent status. However, it is not in any way equivalent to the necessity and proportionality test we now have under...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: The Minister of State is correct that there is a lacuna and that a large amount of data sharing is taking place without a clear legal basis. It is good that he acknowledged that. On another issue to which I will return on Report Stage, the definitions of "public body" in the Data Protection Act and this Bill are inconsistent. The definition of "public body" in this Bill is very wide. A...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I note that commercial sensitivities are being given great regard. I regret, however, that the same regard is not being given to the data protection sensitivities and entitlements of the individual and the concerns regarding necessity and proportionality, which have not been addressed. I put forward amendments to make constructive proposals. I do not like many elements of section 12 but...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I move amendment No. 7:In page 10, between lines 14 and 15, to insert the following:"(6) A specified body may not make presentation of a public service card or access to a person’s public service identity the sole or exclusive basis by which a person may confirm their identity in order to conduct a transaction or access a service.". The amendment is on the public services identity...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: The Minister of State indicated it is not appropriate to impose blanket restrictions, yet that is effectively what is being applied in respect of access to social services. Persons seeking to access social welfare payments and other payments will encounter such a blanket restriction and I am concerned that it will be extended. I am concerned that the interaction between sections 6 and 12...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I am not pressing it, but we will return to it on Report Stage.

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I move amendment No. 8:8. In page 10, between lines 23 and 24, to insert the following:“Data-sharing: meaning 8. (1) In this Act, “data-sharing” means the execution and operation of defined processes for the exchange of information between one or more entities for the purpose of supporting the delivery of statutory public sector services, or the execution of obligations...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I recognise that this relates to sections 8 and 18. As it stands, section 18 provides that the legal basis must be set out. In terms of the subsection, there is a key concern about whether Ireland is really reflecting the spirit of where we are in data protection regulations. Our job is not to make it really simple. There is a need for a level of clarity on why it is happening and the...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I move amendment No. 9:In page 10, to delete lines 34 to 38, and in page 11, to delete lines 1 to 30 and substitute the following:"9. (1) In this Act, "public body" means—(a) a company (within the meaning of the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) a majority of the shares in which are held by or on behalf of a Minister of...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: When we speak of unintended consequences, this is exactly what I am seeking to avert. Entities are listed in two lists under two different definitions.I recognise that the Minister of State needs to have a different definition in the Bill but I suggest that, perhaps in the section on definitions, he seeks to clarify that, for example, the definition of public bodies in the Bill relates to...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I understand the reason for the differentiation but am suggesting that that must be made clear in the legislation. It does not really address the issue of entities being wholly or partly funded by the State because although the Minister of State gave the example of local authorities, another example is a company providing homecare services and which is partly funded by the State and needs to...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Alice-Mary Higgins: I will not press the amendment. Section 18, on which the Minister of State touched, could be strengthened to address this issue. I hope I will be able to engage with him on how section 18 and the content of the data sharing agreement could perhaps make the protections more robust and be a way of approaching that issue.