Results 9,941-9,960 of 21,096 for speaker:Charles Flanagan

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

Charles Flanagan: I expect that Deputy Wallace will say something similar.

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

Charles Flanagan: On amendment No. 59, I am concerned about the proposed deletion of the words "contained in a record" as the concept of a record is integral to the operation of the Freedom of Information Act. Section 2 contains a comprehensive definition of the term. Access rights under the Act include access to records. Section 11 provides that every person has a right to and shall, on request, be offered...

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

Charles Flanagan: There could also be room for Independents.

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

Charles Flanagan: I move amendment No. 63:In page 30, between lines 13 and 14, to insert the following:“Processing of special categories of personal data 42. Subject to compliance with the Data Protection Regulation and any other relevant enactment or rule of law, the processing of special categories of personal data shall be lawful to the extent the processing is —(a) authorised by section 38...

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

Charles Flanagan: I did not address the matter as I thought Deputy Clare Daly might do so.

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

Charles Flanagan: I do not see any legal difference between the current wording of "any right or obligation" and "specific rights or obligations". Where any right or obligation is conferred or imposed by law, it is a specific right or obligation. Apart from that, there is a grammatical problem because of the plural nouns "rights or obligations" being used with a singular verb. This means that the wording...

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

Charles Flanagan: I have to contrast the differing opinions in so far as some members say this is revolutionary and foreboding, while others say it is not necessary because it is already catered for.

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

Charles Flanagan: Section 47 has been included to address a specific issue arising from the strict definition of consent included in the GDPR. The matter also arose during the preparation of legislation in a number of other member states, of which we are aware. The matters referred to in section 47, paragraphs (a) to (d), inclusive, insurance or life assurance policies, pensions, annuities and mortgages,...

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

Charles Flanagan: I move amendment No. 71:In page 31, between lines 30 and 31, to insert the following:"Processing of special categories of personal data and Article 10 data for reasons of substantial public interest 48.(1) Processing of special categories of personal data shall be lawful where the processing is carried out in accordance with regulations made undersubsection (3). (2) Article 10 data may be...

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

Charles Flanagan: I wanted to short-circuit matters by saying that I agree fully with the point raised by Deputy O'Callaghan. This is not an academic exercise. There are practical obligations and a practical process here. I am prepared to look at what we did yesterday with regard to amendments Nos. 35 and 37. We can go back to that later.

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

Charles Flanagan: The Deputy heard the robust debate in the Seanad and the manner in which it dealt with this issue. It is fair to say that the Seanad is more academically minded than the Dáil. I think, from time to time, that the Seanad does not have the practical experience of life that we bring as Members of the Dáil. I would not be overly exercised at the debate in the Seanad as far as this...

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

Charles Flanagan: I was an abolitionist.

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

Charles Flanagan: If I went on, I would probably find myself in some difficulty.

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

Charles Flanagan: I move amendment No. 77:In page 33, line 13, to delete “health professional” and substitute “health practitioner”. This is a drafting amendment.

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

Charles Flanagan: I move amendment No. 78:In page 35, line 2, to delete “compliance with Article 6(1), to”. The purpose of amendment No. 80 is to provide a basis for possible future regulations to combat bribery and corruption. Members will recall that I recently launched important proposals to strengthen our law relating to bribery and corruption and I thank the committee for its contribution...

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

Charles Flanagan: I accept that.

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

Charles Flanagan: I move amendment No. 79:In page 35, line 7, to delete “or” where it secondly occurs.

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

Charles Flanagan: I move amendment No. 80:In page 35, between lines 7 and 8, to insert the following: “(b) assess the risk of bribery or corruption, or both, or to prevent bribery or corruption, or both, or”.

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

Charles Flanagan: In an important ruling of December last year, the European Court of Justice in Luxembourg ruled that examination scripts fall under the heading of personal data under EU data protection law. The consequences of that judgment are such that the Department of Education and Skills and the Attorney General are now examining the issue. I am not in a position to accept these amendments today but I...

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

Charles Flanagan: I thank Deputy Brophy for bringing the matter to my attention.