Results 1-18 of 18 for data protection segment:7771555

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Lynn Boylan: Will the Minister comment on the announcement and findings by the Data Protection Commission regarding the application of GDPR to the archive? The commission observed that, apart from a database which is being sent to the Child and Family Agency, Tusla, the records will be sealed for the next three decades. The Data Protection Commission provided a number of observations on this. According...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Ivana Bacik: This group of amendments relates to the application of data protection regulations but, as others have said, it is of genuine concern that there are reports that the Data Protection Commissioner has expressed serious reservations about the effect of the 2004 Act and stated that, as a result of its application, we will see effective sealing for 30 years. I am conscious that the word "sealing"...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Ivana Bacik: I support the amendments put forward by Senator Higgins that refer to the rights of access to personal data. It is the very issue that relates to the data protection commissioner's comments as reported. I welcome that the Minister has said he will engage with the Attorney General on those comments but I take issue with the comment that this is not directly related to the Bill. I certainly...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Lynn Boylan: I echo the point made by Senator Bacik on the relevance of the data protection commissioner's intervention on the Bill. When did the commissioner make those observations and did the Attorney General read those observations? If that happened, why would the Attorney General not recommend wording such as that in amendment No. 11 to make a correction to the Bill? It is directly related to the...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Erin McGreehan: There is an incredible body of legal experts taking one side or the other side. The Data Protection Commissioner is now saying that this Bill could potentially break the law. We have the Attorney General with one-----

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Paul Gavan: I will try to be brief. I have to follow up with the Minister on this section. As this debate takes place, we are learning that the Data Protection Commission was asked for and gave information to the Department regarding the legality of the Bill. I have a simple question. Can the Minister tell us what the commission's observations were? If not, he must explain to us why he does not know...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Alice-Mary Higgins: ...sealed and are not sealed. A huge amount of the distress has been caused by the language of sealing. Unfortunately, it was the Government which introduced that language by saying it has taken the database out because otherwise it would have been sealed for 30 years. That language of sealing was introduced in a very unconstructive and negative way at that time. I know there have been...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Alice-Mary Higgins: ...a subject of the Bill, there is the provision under amendment No. 11, which is before the House and which the Minister could potentially accept, that could explicitly deal with the concerns of the Data Protection Commission by specifying that Article 15 restrictions will not apply.

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Alice-Mary Higgins: .... I completely agree with the points made by Senator Doherty. It is, and remains, the nub. The Minister has described a process that he will put in place but there is also a process of the data protection impact assessment, DPIA, where the Minister needs to look to how he as data controller, not the commission, will deal with the documents. The Minister is the data controller of these...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Regina Doherty: ...he would rely on the amendment to support his and his Department's stance to apply blanket refusals on information requests. I find myself in the unusual position of being on the same page as the Data Protection Commissioner, DPC, given that I have had a number of years of differences with her, but her salient statement is that it is necessary for the Department to demonstrate "why in all...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Ivana Bacik: ..., which were also signed up to by the Labour Party Senators on Committee and Report Stages last week. I acknowledge the amendments have been addressed by others and we have spoken to them in respect of the data protection law aspects and of the application of the Data Protection Act. It is unfortunate that we are rushing the debate and that we may not get to other amendments....

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Lynn Boylan: ...will remain sealed. The issue is not about sealing them. The issue is that this legislation does nothing to unseal them. The only information that will be accessible to those affected is the limited database that is going to Tusla. Survivors are fundamentally opposed to that body holding their information.I listened intently to the Minister in both Houses and heard him refer to the...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Roderic O'Gorman: ...of GDPR. That is important. Section 39 was amended in 2018 to deal specifically with the introduction of GDPR.In light of that, the Attorney General has stated that I am bound by that as data controller and by the revised section 39 on responding to data access requests. I do not see that it is morally feasible that my Department can continue to refuse data access requests, specifically...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Erin McGreehan: ...tears I have shed this week over the women, and I am about to shed tears now. We need to test this law. We are passing this Bill today. I absolutely agree that the narrow scope of the Bill is to protect the data but the next step is critical. It is a matter of the Government questioning its own law. The Minister has said the women own their testimonies and that we need to find a way....

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Mary Seery Kearney: ...the Minister's amendments and that he has listened to what was without question a worthy debate in this House. I agree with Senator Higgins's view, in that the Minister will now receive these data as a consequence of his amendments. That is welcome. However, it puts him in control. Currently, there is legislation to tell him what he has to do. Regardless of whether we liked it or...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Alice-Mary Higgins: ...the final report comes through but it would be useful to know when illegal acts have been identified. Might we anticipate prosecutions and legal proceedings? The message coming out regarding the Data Protection Commissioner is exactly what we have said repeatedly, namely, that it is not legal to have a blanket provision. I acknowledge that the Minister was indicating his wish but we...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Roderic O'Gorman: ...enhanced engagement with the Attorney General on that, because I do not wish to be in a position where we are offering blanket refusals. I do not want to do that. We have engaged with the Data Protection Commissioner in the context of the impact assessment. We circulated that to Senators earlier in this process. I do not have the full answer to how we will address it today, but I have...

Seanad: Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Oct 2020)

Michael McDowell: ...that extending the life of the commission was unthinkable until he considered the implications of not doing so. I fully agree with Senator Higgins. This material will be subject to the general data protection regulation, GDPR. It must vindicate the rights of data subjects in relation to material that relates to them. I notice that Senator Higgins's amendments require the Minister to put...