Results 10,301-10,320 of 21,096 for speaker:Charles Flanagan

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Senator Higgins has answered her own question. The words "the essence of" are included in the corresponding provisions of the GDPR so excluding the words in these sections would create an unacceptable divergence between the GDPR and the provisions in Part 5 in terms of the transposition of the directive. These words are used to convey the idea that the essential, appropriate, necessary and...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: These are drafting amendments that speak for themselves.They are being proffered to ensure consistency with the corresponding provisions in Part 3. There are no real changes to the substance of the legislation and I am unsure of the extent to which the amendments require debate.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Part 5 of this Bill, which deals with criminal justice bodies, does not relate to the HSE or the Department of Employment Affairs and Social Protection. It is concerned with a breach on the part of a criminal justice body, such as the Office of the Director of Public Prosecutions or the Irish Prison Service. This section of the Bill places a clear obligation on the data controller to inform...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I take the Senator's point and appreciate her decision not to press this amendment at this stage. If a data breach involves a high risk for the subject, of course that person must be provided with all the appropriate and relevant information. He or she may even come back and request further information if that is deemed appropriate. If the breach involves little or no risk and is a matter...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Yes.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I have some sympathy with the issue at hand. I acknowledge the reasons advanced in support of the far-reaching new section that is being proposed. The position I am adopting in respect of it is the same as the position I adopted earlier when I dealt with a proposal that was first mooted at the Joint Committee on Justice and Equality. I am not going to accept it now because I believe we...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: This amendment provides clarity in relation to the function of the data protection commission under section 90. It clarifies what is already implicit in section 90(3), which is where the commission informs a data subject that it has carried out all necessary verifications or reviews in response to his or her request. It is not obliged to inform the data subject concerned whether his or her...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Section 91(1)(a) and (b) are alternatives and if there is a legally-binding instrument in place that ensures the appropriate safeguards, that of course is sufficient. If there is not, then section 91(1)(b) will apply and the controller will be required to make details of the transfer available to the Data Protection Commission. I cannot accept amendment No. 55 nor am I in a position to...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: There are seven amendments being discussed, five of which are in the name of Senator Alice-Mary Higgins, while two are Government amendments. Amendments Nos. 60 and 62 speak to the possibility that the commission might not investigate or dismiss complaints on the grounds that they were vexatious or frivolous. That would not be acceptable. Subsection (1) which complies with the GDPR...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I will not accept amendment No. 65 because I do not think including the words proposed and the rationale for said action is needed because all administrative bodies, including the data protection commission, will be required on a general basis to give reasons for their decisions. Without knowing the reasons, it would be very difficult or virtually impossible to appeal a decision. There is...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: -----is necessary because in any reference to a resolution that might be reached on amicable terms express consent would be necessary. One cannot have a resolution on an amicable basis without there being consent. Subsection (4) makes it clear that where the commission considers an amicable resolution cannot be reached, it will then proceed to handle the complaint under subsection (5) or...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I certainly do not see it happening. In the event that it should happen, I would regard it as being less than acceptable if a blanket policy decision was made in such circumstances.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I know the point the Senator is making but there is a difficulty, and that difficulty would preclude me from accepting the amendments because circumstances could arise which would seriously frustrate and even jeopardise an investigation being carried out by the commission. If these amendments were accepted and inserted in the text, my concern would be that they would render an investigation...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: This is an issue that arose on Second Stage and that has also been in the public domain in the context of this legislation and the general data protection regulation. I put forward reasons administrative fines should be imposed on public authorities and bodies only where they were acting as undertakings as understood under competition law. It is important that we distinguish between the...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: There is no question of acting with impunity or any public body or company not being held responsible for its actions, be it a breach or anything else. A civil remedy is available to an injured or complaining party. Preparing or listing penalties and fines in law, in many ways, might accord with the reality of business, but I would like public bodies to apply the highest standards as they...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I would like to see a regime in place in the public sector that would ensure the application of the highest standards. That, rather than a list of substantial fines, should be the focus of our endeavours. When public bodies and authorities act as undertakers or engage in private sector competition, there should not be an unfair advantage to the private sector, as evidenced by Senator...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: In the event that the House will divide on the amendment, I am prepared to reconsider it on the basis of what the Senators have said, but I do not want to see a circular flow of public money as conceded by Senator Alice-Mary Higgins. Let us see what we can do between now and the next Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: There is merit in the amendment It is constructive and worthy of further consideration as an alternative to the imposition of administrative fines. In effect, this is a form of public naming and shaming. With the assent of the Senator, I will come back to the amendment. I would certainly be willing to revisit the matter on Report Stage and have a look at the wording. We can revisit the...

Questions on Promised Legislation (7 Mar 2018)

Charles Flanagan: I expect to be in a position to report progress on these amendments. I firmly intend to have that legislation enacted at the earliest opportunity. We will have progress as soon as the Dáil reconvenes after St. Patrick's Day.

Questions on Promised Legislation (7 Mar 2018)

Charles Flanagan: I will say for Deputy McGrath's benefit that the provision of legal aid, be it civil legal aid or criminal legal aid, is a fundamental right-----