Results 13,881-13,900 of 14,388 for speaker:Clare Daly

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: None has been completed.

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: In the case of Google and France, which Ms O'Sullivan mentioned, the DPC did not take further steps because Google did not have its headquarters here at the time. Is that correct?

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: The DPC could not, therefore, have done much more given that it had indicated that it would follow up on Google.

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: I suppose that would not happen now. Given the scale of the breach and how egregious it was, that France was examining the matter would not preclude Ireland, as the effective European data controller at that time, from addressing it. Is that correct?

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: I do not mean to criticise any of our guests or the commission. However, the commission has come in for some scathing criticism with regard to how it regulates the large tech companies, the multinationals and so on. In the Schrems case, for example, the assertion was that the DPC could have taken direct action against Facebook rather than taking the convoluted route via the courts, etc....

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: It is difficult to do that when the law is new. Have any red flags emerged in respect of what we might need to do legislatively, for example, to beef up the independence of the commission, or are the witnesses satisfied that teething problems aside everything is working out?

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: The commission has the power to levy fines under the new legislation. As I understand it, no fines have been levied yet. Given that none of the investigations would necessarily be terribly complex or long-winded, why have no fines been levied? Is the commission satisfied that none of the cases which have been concluded met the threshold for a fine and how much discretion does it have in...

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: Ms Morgan's response does not address the question. My question started when her response ended. I am speaking specifically about cases which the commission has concluded fairly in accordance with the legislation. I know that the commission has identified breaches. In the context of all those cases the commission fairly and transparently investigated, there was no case in respect of which...

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: Perhaps I am misunderstanding and I am sorry if I am. Is the answer that it is only the statutory inquiries that give the commission the power to fine and, as none of those has been completed, there have been no fines?

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: That is the answer. I was a bit scared about some of the points made about the public services card, PSC, investigation and found the responses to Deputy Wallace's questions a little bit chilling. The commission has been investigating this since 2017. The witnesses have said that things have moved on and the issues relating to driver's licences and so on have been sorted. In fairness, the...

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: And if the Department does not consent, the commission cannot publish.

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: I know that but we would like the full report published. Is it Ms Morgan's understanding of the legal position that the commission must get the permission of the Department to do that?

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: I do not think anybody would accuse the commission of short-circuiting or not giving enough time, given the fact that the Data Protection Commissioner is on record in August 2017 saying that she, and presumably her staff, had conveyed their views "on numerous occasions to the Department of [Employment Affairs and] Social Protection and in a number of fora" that there is a pressing need to...

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: It would be brilliant if Ms Morgan could do that. In a recent reply to a parliamentary question, the Minister for Employment Affairs and Social Protection reiterated her view and, I suppose, that of the Department that a SAFE 2 PSC photograph is not itself biometric in nature and that the Department does not collect or share biometric data. Do the witnesses agree with those two statements?

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: Those issues are part of the process that is under way.

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: The witnesses might have answered this question during the one minute I was outside the room and, if they did, I apologise. Deputy Jack Chambers raised questions about the digital age of consent which was set at 16, despite our best wishes and those of every single child protection expert in this State. One of the main movers who advocated behind the scenes to raise the digital age of...

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: It is very challenging and raises major data concerns, such as over the possibility of hoovering up parents' data. One proposal was to scan children's retinas to verify their age, which is mad and scary. Have any breaches of legislation been reported to the commission in the area of age verification?

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: Could the commission investigate these further or does it need more legislation? Perhaps the data has not been processed yet.

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: This was something we warned about when we lost the battle on the age of consent being 13.

Joint Oireachtas Committee on Justice, Defence and Equality: Implementation of the General Data Protection Regulation: Data Protection Commission (3 Apr 2019)

Clare Daly: Absolutely. My final point is about data subject access rights and the gardaí. Does the commission have any role in respect of data held by gardaí? There have been a number of cases where people have sought information about themselves from gardaí but did not get the full facts, supposedly for security reasons. Is there anything people can do or anything the commission can...