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Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: Are they all Government amendments?

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I want to speak very briefly on the section to indicate I am looking at it in terms of potential amendments on Report Stage. The sentiment of the section is very good, in terms of making sure data subjects are not pressed to allow right of access in inappropriate circumstances. I may look to enhance it on Report Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I seek clarification on the section 10 investigations under way at present. As we know, a section 10 investigation is under way by the data commissioner in respect of the public service card and the Department of Employment Affairs and Social Protection. Will the Minister clarify that the investigation under way, or any other investigation that may be under way before the Bill comes into...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I have a complementary point, which is the question of complaints that might have been made under section 10. It seems slightly different rules might apply to complaints, potentially, under the new data commission. There is the question of whether complaints need to be adjudicated on. I want it clarified that the existing Act will apply to any complaints that might be made before the...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I move amendment No. 4a:In page 14, between lines 30 and 31, to insert the following:"(4) The Commission shall have the power to order the suspension or limitation of any specific data processing actions or processes within a public authority when it considers that necessary or expedient during the course of an investigation.". I apologise; I am trying to pull up-----

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I ask the House to bear with me for one moment. I am trying to pull up the additional list of amendments in front of me. I do not think I have them in front of me. I apologise. I thought the amendment was in the printed list and I do not have it in front of me. I will speak first to my concern about the section. I want to clarify that the specific powers in respect of the commission in...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I am literally trying to pull up amendment No. 4a.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: Yes, will the Acting Chairman read it out because I do not have it on my list?

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I thank the Acting Chairman. I can speak to that and I can also speak to an additional related concern I will raise on Report Stage. The amendment is intended to ensure situations we have seen recently do not arise, for example, the very serious concerns raised by the data commissioner in respect of the roll-out of the public services card, the manner in which it was rolled out and,...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I am happy not to press the amendment at this stage but I reserve the right to come back on Report Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I would just like to speak briefly and signal that I may suggest other amendments to this section on Report Stage, not in respect of the annual report, but in respect of other reporting by the data protection commission.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I welcome this amendment. It is really important and is a key point of clarity. It makes it very clear that the definition of child in this respect is "a person under the age of 18 years". It is a welcome amendment but I would like to signal a real concern which relates to one of the fundamental issues which needs to be addressed in the Bill and with which we need to very seriously engage...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I thank Senators McDowell and others for proposing their amendment and acknowledge the amendment I have co-signed with my colleague, Senator Ruane, and the related amendments in this section. I also acknowledge that good, credible evidence, positions, advice and perspectives have been offered by all sides on this matter. I hold the advice given by groups such as the Irish Society for the...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I will be brief. It is a valid question and one the Minister might address. It is clear that regardless of what age a child submits, the data provider or information society's provider is still liable to fines. The burden falls on them of fines regardless of what age a child puts in. However, that is around the companies. As to individual vulnerability to predators online, the danger...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: The Taoiseach will meet them.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: Perhaps scope might be built into the Bill to accommodate it.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: Perhaps we can formalise a review process.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I wish to speak briefly to this section to signal it is one of the key sections under which some of the issues we have discussed could be addressed. It deals with the designation of data protection officers. I signal that I will focus on this section on Report Stage as one of the key areas where the Minister will perhaps have the capacity to set out particular rules around the roles of...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I thank the Minister for that. I believe that, as far as is possible, each organisation should have its own data protection officer but that responsibility should be exercised in very constrained circumstances. It is something to which we can look, given that there is that capacity.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: It should be an exception rather than the rule.

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