Results 1,181-1,200 of 8,196 for speaker:Alice-Mary Higgins

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

Alice-Mary Higgins: I welcome the Minister's clarification of the scope of the potential application of this section. I continue to have concerns about the right of an individual to know that there has been a breach. A data breach is not normal processing - a data breach is a breach that is outside normal or appropriate processing; for example, where there has been improper or inappropriate sharing of a...

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

Alice-Mary Higgins: I ask the Minister to note that the question of encrypted data also arises in this context. A great deal of data in the area of criminal justice and policing is necessarily encrypted. It would be unfortunate if that served to deny an individual who is affected by a data breach the right to information relating to such a breach.

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

Alice-Mary Higgins: I accept the Minister's points for now. Maybe we can come back to this issue.

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

Alice-Mary Higgins: I wish to advise that I may return to section 86 at Report Stage.

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

Alice-Mary Higgins: Section 87 refers to the right to erasure and the restriction of processing or the right to forget. I know the matter was discussed extensively early on. I wish to advise that I wish to table amendments on this area. I am very keen to work with the Government and discuss ways to improve the delivery of the right to be forgotten in respect of children and other citizens. There may be scope...

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

Alice-Mary Higgins: I move amendment No. 51In page 74, line 30, after “Commission” to insert “and subject to Cabinet approval”. My amendment refers to another restriction. Section 89 refers to the restrictions on the exercise of data subject rights. This is another section that restricts the right of an individual in terms of data protection. My amendment expresses my concern,...

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

Alice-Mary Higgins: I move amendment No. 52:In page 74, line 33, after “Commission” to insert “and subject to Cabinet approval”. I withdraw my amendment but reserve the right to come back to the matter on Report Stage.

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

Alice-Mary Higgins: I understand the scenarios that the Minister has described in terms of an area of criminal prosecution and others. Nonetheless, it seems the provision is a somewhat wider exclusion of a person's right, given the circumstances. It may be possible to put forward a different version of this amendment that specifically relates to areas such as criminal prosecution and not have as wide an...

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

Alice-Mary Higgins: Sections 91 and 95 are related and both refer to the transfer of data to recipients in third countries. I wish to note that this area will suffer serious consequences from Brexit. I firmly believe that this matter has not been adequately or appropriately dealt with, not by ourselves, but in respect of Brexit negotiations. I wish to signal that the UK must take action on this area. I may...

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

Alice-Mary Higgins: I do not oppose section 91. I wish to flag that this issue will emerge.

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

Alice-Mary Higgins: I move amendment No. 55:In page 77, line 9, to delete “or” and substitute “and”. This refers to where personal data is being transferred to a third country. This again will relate to some of the issues around Brexit and so on. I refer to personal data being transferred to a third country and to section 91(1). I have a question around that and section 95. I...

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

Alice-Mary Higgins: I move amendment No. 56:In page 77, line 28, after “Commission” to insert “or any data subject affected by the transfer”.

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

Alice-Mary Higgins: I move amendment No. 60:In page 84, lines 27 to 30, to delete all words from and including “shall” in line 27 down to and including line 30 and substitute the following: "shall investigate the complaint, having regard to the nature and circumstances of the complaint, unless the Commission considers the complaint to be frivolous or vexatious.”. This an overriding concern...

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

Alice-Mary Higgins: I accept that.

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

Alice-Mary Higgins: I have a question about amendment No. 62. It is the real underlying concern. Does the Minister expect the data protection commission to decline to deal with individual complaints owing to, for example, the volume of work involved? Will he assure us that that will not arise or that he does not see that happening? On amendment No. 52-----

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

Alice-Mary Higgins: Section 124 is part of Chapter 4 on inspection, audit and enforcement. I am signalling that as part of the discussion we had on, for example, the automatic triggering of investigations and others, amendments may be tabled to this section on Report Stage.

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

Alice-Mary Higgins: On section 129, I previously discussed the question of compelling, erasure or suspension of development and I am noting that it might be a section for further amendment, and similarly sections 130 and-----

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

Alice-Mary Higgins: On section 131 and the power of either triggering reports or audits, I am indicating that those are areas on which I may look to make suggestions, if they be compatible with the general data protection regulation, GDPR, on Report Stage.

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

Alice-Mary Higgins: I move amendment No. 80:In page 108, line 27, after “circumstances” to insert “where such a limitation can be clearly justified”. In regard to an investigation, section 132(3) states, "The Commission may define the scope ... of the investigation [but it may] limit the investigation to matters connected with particular circumstances ...", where such a limitation...

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

Alice-Mary Higgins: I move amendment No. 82:In page 111, line 13, after “the” where it firstly occurs to insert “complainant and the”. This amendment deals with the question of who receives the information of an investigation report. I am suggesting that the final investigation report, which is prepared by the Data Commissioner, should not simply be shared with the controller or...