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

Donnchadh Ó Laoghaire: I move amendment No. 14:In page 28, after line 34, to insert the following: "Micro-targeting and profiling of children30. It shall be an offence under this Act for any company or corporate body to process the personal data of a child as defined by section 29 for the purposes of direct marketing, profiling or micro-targeting. Such an offence shall be punishable by an administrative fine under...

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

Donnchadh Ó Laoghaire: There were two versions of the amendment - amendments Nos. 57 and 58. I made this point on Committee Stage so I will not over-labour it but I believe the whole section is far too broad. Arguments have been made, in respect of numerous parts of the Bill, that the effort to provide excessive detail means that the Bill as drafted is unnecessary because the relevant sections of the GDPR have a...

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

Donnchadh Ó Laoghaire: Did Deputy O'Callaghan just read that into the record?

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

Donnchadh Ó Laoghaire: I move amendment No. 46:In page 37, to delete lines 22 to 24 and substitute the following: “43.(1) For the purposes of Article 86, personal data may be disclosed where a request for access to a record is granted under and in accordance with the Act of 2014 pursuant to an FOI request, a request for access to environmental information is granted under and in accordance with the...

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

Donnchadh Ó Laoghaire: I move amendment No. 57:In page 38, between lines 28 and 29, to insert the following:"(2) This section does not permit the sharing or processing of personal data revealing political opinion with or by any private company, as defined under section 2(1) of the Companies Act 2014 without the consent of the data subject even when that private company has been contracted by the actors or entities...

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

Donnchadh Ó Laoghaire: I move amendment No. 58:In page 38, between lines 28 and 29, to insert the following:"(2) This section does not permit the sharing or processing of personal data revealing political opinion with or by any private company, as defined under section 2(1) of the Companies Act 2014 without the consent of the data subject even when that private company has been contracted by—(i) a political...

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

Donnchadh Ó Laoghaire: I move amendment No. 65:In page 43, between lines 17 and 18, to insert the following:“Processing of special categories of personal data for identity verification purposes 55. Processing of special categories of personal data for identity verification purposes will be lawful provided no copy of identification or information contained within is stored or retained for any...

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

Donnchadh Ó Laoghaire: I had failed to notice that amendment No. 141 was grouped with amendment No. 65. The Minister referred to the requirements and the exceptions in that they are not contained in the Bill. The GDPR as European law will be Irish law. They are well enumerated in the GDPR. It outlines biometric data as personal data resulting from specific technical processes relating to the physical,...

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

Donnchadh Ó Laoghaire: I move amendment No. 82:In page 48, between lines 10 and 11, to insert the following:“(11) (a) Such regulations shall be referred before their enactment to the Data Protection Commissioner for their opinion under the terms of section 100.(b) The impact assessment shall have the purpose of ascertaining whether the proposed processing of special categories is—(i) necessary, (ii)...

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

Donnchadh Ó Laoghaire: I support Deputy Wallace's and Deputy Clare Daly's amendments because while they deal with different aspects of the Bill, their intention is the same. It is not difficult to anticipate the circumstances in which it would be in the interests of a data controller to hinder, harass or in any way infringe the work of a DPO. That might be in the interests of individuals or senior management...

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

Donnchadh Ó Laoghaire: I move amendment No. 92:In page 77, between lines 3 and 4, to insert the following:"Protection of Data Protection Officers 88. (1) The Data Protection Commission shall provide a protection, whereby Data Protection Officers may seek the assistance of the Data Protection Commissioner, due to the fact that the Data Protection Office is not in a position to carry out their role fully, due to...

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

Donnchadh Ó Laoghaire: There is no need to apologise, as I only indicated once. I will speak in support of the amendments which constitute a significant proposal. As mentioned in the context of other legislation, there is an inequality of arms in the legal system. I am not just referring to the making of complaints to the Data Protection Commissioner but also to taking cases to court which can be difficult. If...

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

Donnchadh Ó Laoghaire: I move amendment No. 101:In page 96, to delete lines 24 to 27 and substitute the following:“108.(1) For the purposes of section 107(2)(a), on receipt of a complaint the Commission shall investigate the complaint, and issue a formal decision on the conclusion of the investigation, save where subsections (2) to (4) apply, unless the Commission considers the complaint to be frivolous or...

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

Donnchadh Ó Laoghaire: I move amendment No. 140:In page 137, between lines 31 and 32, to insert the following:"Communication of personal data breach to data subject 164. Should a data subject request information in relation to a personal breach which affects them, they have the right to be provided with all the pertinent information in respect of that breach without restriction.". This amendment, which is...

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

Donnchadh Ó Laoghaire: I move amendment No. 141:In page 137, between lines 31 and 32, to insert the following:"Prohibition on the storage of biometric data 164. The Minister shall make regulations prohibiting the storage of biometric data, including facial images or dactyloscopic data, for forms of nationally issued identification including passports and public services cards without the consent of the data subject.".

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

Donnchadh Ó Laoghaire: Before I speak to the Bill, I wish to raise a point of clarification. Can I take it that the Dáil will not sit until 10.30 a.m. tomorrow or will it be the case that statements on Palestine and the debate on the Judicial Appointments Commission Bill will start at 9 a.m.?

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

Donnchadh Ó Laoghaire: So the Dáil will start at 10.30 a.m. tomorrow. Is that correct?

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

Donnchadh Ó Laoghaire: I thought it would be useful to get that clarification. I saw a tweet during the week from a parody account which stated "I would rather die than be GDPR compliant". We must reflect on the fact that there are many people in many organisations and businesses who are sick of GDPR and data protection. That is true of none more than the Minister’s own officials. I am sure they are...

Palestine: Statements (Resumed) (17 May 2018)

Donnchadh Ó Laoghaire: I want to reflect on an interview I watched on "Prime Time" during the week, when David McCullagh interview the former Israeli MP, Dr. Einat Wilf, about the use of force by the Israeli defence forces. It was an extraordinary engagement. She was asked if she felt their response was proportionate, to which she replied: "I assume you would have been more pleased if more Jews had been killed in...

Judicial Appointments Commission Bill 2017: Report Stage (17 May 2018)

Donnchadh Ó Laoghaire: Ar an gcéad dul síos, ba mhaith liom labhairt i gcoitinne faoin gcur chuige a bheidh ag Sinn Féin maidir leis an mBille seo. In general, as I outlined previously, my party's position on the final vote remains in open consideration but as regards each set of amendments and each individual amendment, we will evaluate them on the basis of their merits. We will be supporting...

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