Results 2,041-2,060 of 9,252 for speaker:Jim O'Callaghan

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

Jim O'Callaghan: I move amendment No. 118:In page 66, between lines 15 and 16, to insert the following:“(9) Should a data subject request information in relation to a personal breach which affects them, they have the right to be provided with all the pertinent information in respect of that breach and nothing in subsections (2), (4) or (6) shall place a restriction on their access to that...

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

Jim O'Callaghan: I will reply briefly. Obviously, my concern is that under section 84(1), a data subject is only entitled to be given information in respect of a breach where that breach is likely to result in a high risk to the rights and freedoms of a data subject. Somebody who has breached a person's data rights will be able to justify not giving him or her the information on the basis that there was no...

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

Jim O'Callaghan: Yes, for the time being.

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

Jim O'Callaghan: Section 88 deals with the right to information and it should be drafted in a broad way to facilitate access to that information for individuals. For that reason, I will support amendment No. 125. I also think amendment No. 126 is appropriate. The Minister's only objection to it is that it is not needed. That may be the case but I do not see any harm in replicating it, notwithstanding the...

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

Jim O'Callaghan: I move amendment No.133:In page 84, after line 34, to insert the following: “ “complainant” means a complainant within the meaning of Chapter 2 or Chapter 3;". I will withdraw the amendment as there is already a definition of complainant contained in section 105. Amendment No. 138 is similar to amendment No. 137 which was tabled by Deputy Ó Laoghaire. On balance,...

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

Jim O'Callaghan: I will wait to hear what the Minister has to say first.

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

Jim O'Callaghan: The thinking behind these amendments is, in part, based on what has been told us by the chairperson of GSOC, namely, that a lot of complaints come in at a very low level and her preference would be that those complaints, which are work-related complaints, be dealt with by senior officers of the garda against whom the complaint is made. The intention was to give the commission some leeway to...

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

Jim O'Callaghan: I move amendment No. 135:In page 86, line 8, to delete “Article 77(2)” and substitute “Article 77(1)”.

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

Jim O'Callaghan: Deputies Wallace and Daly have tabled a significant amendment. The consequence of it would be that, if someone's data were breached and he or she did not want to make a complaint or take an action, a not-for-profit body could take an action on his or her behalf. It is very unusual in Irish law that someone might be able to take an action or make a complaint on behalf of an individual when...

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

Jim O'Callaghan: I move amendment No. 138:In page 87, to delete lines 5 to 8, and substitute the following:“107. (1) For the purposes of section 106(2)(a), the Commission shall investigate, to the extent appropriate to ensure compliance with a relevant enactment and to identify any infringement thereof, the subject matter of the complaint unless the Commission is of the opinion that it is frivolous or...

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

Jim O'Callaghan: I move amendment No. 140:In page 87, line 9, after “Commission,” to insert “with the consent of the parties concerned,”. I shall consider the amendment again on Report Stage.

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

Jim O'Callaghan: I move amendment No. 141:In page 87, to delete lines 13 to 15. I shall consider the amendment again on Report Stage.

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

Jim O'Callaghan: I move amendment No. 144:In page 87, delete lines 23 to 28, and substitute the following:“(a) reject the complaint if, in the opinion of the Commission, it is frivolous or vexatious; (b) dismiss the complaint if, in the opinion of the Commission, there has not been an infringement of a relevant enactment; (c) if the Commission is of the opinion that a person has contravened or is...

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

Jim O'Callaghan: I move amendment No. 145:In page 87, to delete lines 36 and 37. I shall consider the amendment again on Report Stage.

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

Jim O'Callaghan: I move amendment No. 146:In page 87, lines 38 to 39, to delete all words from and including “as” on line 38 down to and including “considers” on line 39 and substitute “to the extent”. I shall consider the amendment again on Report Stage.

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

Jim O'Callaghan: I move amendment No. 147:In page 88, line 5, to delete “section 107(5)(e)” and substitute “section 107(1)”. I shall consider the amendment again on Report Stage.

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

Jim O'Callaghan: I move amendment No. 159:In page 95, lines 7 to 10, to delete all words from and including “examine” on line 7 down to and including “appropriate.” on line 10 and substitute the following:“investigate to the extent appropriate to ensure compliance with a relevant provision and to identify any infringement thereof, the subject matter of the complaint unless...

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

Jim O'Callaghan: I move amendment No. 161:In page 95, line 11, after "Commission," to insert "with the consent of parties concerned,". I will withdraw the amendment now as the section deals with it adequately but I may return to this on Report Stage, along with amendments Nos. 164 to 167, inclusive.

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

Jim O'Callaghan: It is a fair point.

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

Jim O'Callaghan: I move amendment No. 180:In page 111, to delete lines 1 to 4. On reflection, I think the commission should be entitled to define the scope and terms of an investigation that it considers fit to be carried out. I will withdraw this amendment on that basis.