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Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: I shall briefly give my views on the other amendments because I do not think I did when I spoke earlier. In respect of amendment No. 26 in the name of Deputy Ó Laoghaire, it is a bit vague to put in a reference to "for the purposes of financial gain" so I will not support the amendment. In respect of amendment No. 28, which is proposed by Deputies Clare Daly and Wallace which would...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: I move amendment No. 27:In page 23, line 16, to delete "13 years" and substitute "16 years".

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: Will the Minister give us an example of what type of association or body would be covered by section 33?

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: Would it cover something like a residents' association or would that be too small?

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: Like the Minister, I will start with the easy part by agreeing with his decision to accept amendment No. 36. Amendment No. 37 proposes to delete paragraphs (b), (c) and (d) from section 35(1). However, it would simply move them to section 35(2). Amendment No. 38 which would insert the three paragraphs dealing with limitations and access to personal data, strict time limits and specific...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: My concern is that the legislation will be so impenetrable that individuals will not be able to move without consulting lawyers.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Jim O'Callaghan: Before the Minister responds, I would like to give a general overview on section 37. It is appropriate that there is a statutory scheme which deals with the processing of data which is being carried out in the public interest or in the exercise of official authority. I will not support the amendment which seeks to delete paragraph (b) of subsection (1) of that section. One of the...

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

Jim O'Callaghan: I will support amendments Nos. 50 and 51. I welcome that the Minister has put down these amendments. It is appropriate that there is recognition of the important role that democracy plays and how it operates in this country. We are sometimes too self-deprecating as politicians. We are not simply politicians but elected representatives of the people and the people are entitled to have...

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

Jim O'Callaghan: Amendment No. 58 replicates my amendments Nos. 59 and 60 and I am happy to go with Deputy Ó Laoghaire's amendment. He has given a good account of why it has been put forward. Section 41 deals with circumstances when a request under the Freedom of Information Act 2014 means that personal data contained in a record may be disclosed if it comes pursuant to a freedom of information...

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

Jim O'Callaghan: In the light of the new consensus between Fine Gael and Sinn Féin, it ill behoves me to interfere with or interrupt it. I will follow Sinn Féin's example. We will not push the amendment now but will come back to it on Report Stage.

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

Jim O'Callaghan: I am taking the lead from Sinn Féin.

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

Jim O'Callaghan: Yes and they will be withdrawn or not moved.

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

Jim O'Callaghan: I do not see any difference between what is in place and what is proposed in amendment No. 64. I know that the Minister has said the same. I have to say his suggestion that the use of the word "is" is a reason not to support the amendment is not a strong one. I will not support the amendment because I do not believe it would add anything to the Bill. On section 45, as elected...

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

Jim O'Callaghan: We might consider tabling an amendment to section 45 on Report Stage.

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

Jim O'Callaghan: It is appropriate that one should be able to process personal data for the purposes of substantial public interest. The Minister has given examples. In recent days, we have seen other issues that have arisen which may result in an investigation. That also illustrates an example of how, on occasion, the processing of personal data is necessary on the basis of substantial public interest. I...

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

Jim O'Callaghan: We can see that democracy is under threat in many western democracies, but if one tries to identify where democracy is under threat or how it is under threat - this is my opinion and people may disagree - it is under threat because of the deluge of information being pushed out to individuals, to a large extent through social media. We do not know who the funders are, the information is not...

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

Jim O'Callaghan: I might table an amendment on Report Stage if we are going to bring something else in, but I am happy with it as it is.

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

Jim O'Callaghan: The points I made in regard to section 55 also apply to this section. I may consider tabling an amendment on Report Stage.

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

Jim O'Callaghan: I welcome Ms Long. She picked a terrible meeting to come back to. Of all the meetings in all the rooms.

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

Jim O'Callaghan: On section 57, yesterday we brought in amendment No. 5. If regulations are going to be made under section 57, the Minister is going to have to lay them before the Oireachtas for prospective approval. The Minister did not mention his own amendment, amendment No. 87. Will he tell us why he is removing judicial independence as one of the important objectives of general public interest? Is it...

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