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

Clare Daly: I move amendment No. 47:In page 28, to delete lines 8 to 12 and substitute the following:"(a) the Minister, provided that—(i) the Minister has consulted with such other Minister of the Government as he or she considers appropriate, (ii) the Minister has consulted with and sought the advice of the Commission, and (iii) the Minister has, if he or she intends to set out regulations...

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Benefits Eligibility (3 May 2018)

Clare Daly: 30. To ask the Minister for Employment Affairs and Social Protection if failure to sign a personal progression plan with Seetec is used by deciding officers as a sole reason to penalise a participant's social protection payment. [19301/18]

Written Answers — Department of Employment Affairs and Social Protection: Public Services Card Data (3 May 2018)

Clare Daly: 45. To ask the Minister for Employment Affairs and Social Protection the number of face biometric data records collected through the administration of the public services card that are held by her Department; and the security protocols and policies in place to prevent a leak or breach of data records, including biometric data records collected by her Department through the public services...

Written Answers — Department of Health: Medical Disclosure Code (3 May 2018)

Clare Daly: 140. To ask the Minister for Health when he will bring legislation forward to provide for mandatory open disclosure (details supplied). [19323/18]

Written Answers — Department of Health: Medicinal Products Availability (3 May 2018)

Clare Daly: 155. To ask the Minister for Health his views on the delays for persons with multiple sclerosis to access life-changing medication; and if he will engage with an organisation (details supplied) to discuss the matter. [19481/18]

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

Clare Daly: These amendments are a sop to politicians who are freaked out by the potential implications of the GDPR and are overstating them. Under the GDPR, the legitimate interest of communicating with constituents is covered but we are trying to say that any communication by a politician is in the public interest, which is a stretch, given some of the bile that is foisted on householders by...

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

Clare Daly: The last amendment is listed as being in section 39. It is actually section 38, as the line numbers would indicate. Under the GDPR in general, processing of personal data for purposes other than that for which it was initially collected should be allowed only where the processing is compatible with the purposes for which the personal data were collected in the first place. In other words,...

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

Clare Daly: I move amendment No. 53:In page 29, line 4, after “that” to insert “, having regard to the fundamental rights and legitimate interests of the data subject,”.

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

Clare Daly: I move amendment No. 56:In page 29, between lines 7 and 8, to insert the following:“Processing of special categories of personal data 39. Without prejudice to the processing of personal data for a purpose other than the purpose for which the data has been collected which is lawful under the Data Protection Regulation, the processing of special categories of personal data for a purpose...

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

Clare Daly: I find myself in the frightening position of agreeing with the Minister. The amendment raises very important issues that go beyond the data protection measures, the general data protection regulation, GDPR, and this legislation. The Minister's point about what is a serious offence involves a balancing of rights which are adjudicated by the courts, and as Deputy Wallace just said to me, if...

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

Clare Daly: The Minister should beware.

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

Clare Daly: I move amendment No. 64:In page 30, line 23, to delete "any right or obligation" and substitute "specific rights or obligations".

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

Clare Daly: Has it been discussed already?

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

Clare Daly: Yes. Did the grouping contain amendments Nos. 63, 64 and 66?

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

Clare Daly: I am sorry.

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

Clare Daly: Is the Chairman referring to amendment No. 64 or amendment No. 66?

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

Clare Daly: I will be brief. To be honest, I do not know why the amendments have been grouped like this, as they deal with two sections. That probably has caused part of the confusion, about which I am sorry. Section 43 deals with providing for a general exemption from the prohibition on processing special categories of data imposed on either the controller or the subject by employment or social...

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

Clare Daly: I wish to speak briefly to amendment No. 64. Article 9 of the GDPR , from which the section is derived, states the processing of special categories of data in the context of employment and social welfare law is allowed as long as the "processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject" in these...

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

Clare Daly: This is an absolutely enormous section which has caused huge controversy. Even as we sit here, a load of people are commenting on it, including some of the experts in Ireland on data protection because they believe this is a serious category. To answer some of the points made by Deputy Jim O'Callaghan, it is not about canvassing or recording details. All of that good stuff can...

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

Clare Daly: Yes, absolutely.

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