Results 11,341-11,360 of 21,096 for speaker:Charles Flanagan

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: Chapters 2 and 3 of Part 6 contain key sections dealing with enforcement of the GDPR and the directive, respectively. Sections 108 and 121 are key sections dealing with the handling of complaints by the commission. As I said earlier and on Committee Stage I fear there may be some misunderstandings about how they will operate. So, at the outset, I will briefly run through the complaints...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: Just to be clear, I said that we would seek the guidance of the commission as suggested by Deputy Daly and it is within that frame that we will do so.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I can accept amendment No. 115 in the names of Deputies Daly and Wallace.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 122:In page 108, to delete lines 9 to 16 and substitute the following:“(7) The court hearing a data protection action that has been brought, in accordance with section 119, on behalf of a data subject by a body, organisation or association to which subsection (2) of that section applies, shall not award compensation for material or non-material damage suffered.”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: In that case, I withdraw my amendment. I am accepting that it will be defeated.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 124:In page 114, line 5, to delete “subsection (5), subsection (6)” and substitute “subsection (2), subsection (3)”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 130:In page 127, lines 16 and 17, to delete “by whom the data are kept”. This group of amendments are to section 144 of the Bill and are largely of a drafting and technical nature. They arise from a review of the section following receipt of comments from the Office of the Director of Public Prosecutions.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 131:In page 127, line 18, to delete “or any information constituting personal data”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 132:In page 127, line 25, to delete "obtaining or".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 133:In page 127, line 27, to delete "obtained" and substitute "that were disclosed to the person".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 134:In page 127, lines 33 and 34, to delete ", or intended to be obtained, in contravention of subsection (1)" and substitute "without the prior authority of the controller or processor".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 135:In page 133, line 32, to delete "or 142(1)" and substitute ",142(1) or paragraph 5 of Schedule 2". This drafting amendment refers to "paragraph 5 of Schedule 2", which, in turn, refers to "the Circuit Court". This reference was inadvertently omitted from section 154 of the Bill.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 136:In page 134, line 9, after "made" to insert "under".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 137:In page 135, between lines 24 and 25, to insert the following:"(7) Subject to subsection (8), a Committee referred to in subsection (1), (2) or (3) may make rules—(a) authorising the disclosure, for the purpose of facilitating the fair and accurate reporting of the proceedings, to a bona fide member of the Press or broadcast media and at the member’s...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 138:In page 135, to delete lines 29 to 31 and substitute the following:"159.The processing of personal data shall be lawful where that processing—(a) consists of the publication of—(i) a judgment or decision of a court, or (ii) a list or schedule of court proceedings or hearings in court proceedings, or(b) is necessary for the purposes of such publication.".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 139:In page 137, line 22, to delete "Article 46(1)" and substitute "Article 46(2)".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: As I mentioned on Committee Stage in the Seanad when we were discussing a similar provision, I am unable to accept this amendment, which would insert a new section into the Bill. The proposed new section would interfere with the operation of Article 34 of the GDPR, which deals with the communication of data breaches to data subjects. As I indicated in the Seanad, it would also cut across...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 143:In page 137, line 35, to delete "Part" and substitute "Act".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 144:In page 138, line 4, to delete "Part" and substitute "Act".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 145:In page 139, line 35, after "the" to insert "Control of". As I said when I was introducing this Bill on Second Stage, the discontinuation of the Data Protection Act 1988 following the entry into force of the GDPR and of this legislation will necessitate the amendment of a significant number of Acts of the Oireachtas. Many of these changes were made during the debate...