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

Clare Daly: The Business Committee set the extra time.

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

Clare Daly: It is the lateness of the hour.

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

Clare Daly: I move amendment No. 115:In page 102, to delete lines 25 and 26 and substitute the following:“(8) The court hearing a data protection action brought by a not-for-profit body, organisation or association under subsection (7) shall have the power to grant to the data subject on whose behalf the action is being brought one or more of the following reliefs:(a) relief by way of injunction...

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

Clare Daly: I move amendment No. 116:In page 102, between lines 26 and 27, to insert the following:“(9) The court hearing a data protection action to which subsection (8)* applies shall not award compensation for material or non-material damage suffered.”.

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

Clare Daly: If this amendment is going to be declared carried we will call a vote.

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

Clare Daly: Perhaps it is the lateness of the hour but did the Minister say he is going to look to the commission for guidance for himself? What he was asked was to look to the commission to produce guidance for the general public in terms of how they might access and exercise their rights in that regard. I am assuming that is what the Minister meant and on that basis, we would be happy to withdraw our...

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

Clare Daly: The amendments are not in any way novel but rather are an optional protocol to the directive and the legislation. We are not proposing anything new or dramatic as Deputy O'Callaghan suggested. I do not see why legal professionals would reinvent themselves as a not-for-profit organisation to take cases in which we specifically preclude them from being able to seek compensation or damage....

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

Clare Daly: This is a significant set of several amendments, each of which aims to oblige the data protection commission to investigate all complaints it receives from ordinary Joes in the same manner as the Bill provides for it to investigate issues of its own volition or where it is the lead supervisory authority in a broader European investigation. As has been stated, the Bill places no obligation on...

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

Clare Daly: We view this as an important part of the Bill. As such, the amendment is one of the most important we have remaining. It concerns an effective remedy, as well as access to a right people have. I will not repeat all of my points. Article 80 has mandatory aspects, but there are two optional parts. Since it is necessary to factor them in, we will press the amendment. There must be an...

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

Clare Daly: I move amendment No. 100:In page 96, between lines 1 and 2, to insert the following:“Rights under Article 80(1)107. (1) In addition to the rights conferred on a data subject under Article 80(1) to mandate a not-for-profit body, organisation or association to which Article 80(1) applies to lodge a complaint on his or her behalf with the Commission and, under section 116(7) to take a...

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

Clare Daly: If we have been conned, we will see the Minister in court.

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

Clare Daly: Somebody is going to end up in trouble at the end of this, I am not sure who.

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

Clare Daly: This group of amendments deals with-----

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

Clare Daly: Deputy Wallace is the one who recommended that we should accept the Minister's bona fides.

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

Clare Daly: It could be.

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

Clare Daly: That could be it.

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

Clare Daly: This group of amendments deals with the section of the Bill that gives effect to Article 80 of the general data protection regulation, GDPR, on the representation of data subjects. There is a huge problem when it comes to people's privacy rights under data protection legislation in that individuals do not have the expertise, knowledge, time or money to enforce their legal rights. We are...

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

Clare Daly: Amendment No. 93 is not a tidying-up amendment. It seeks to delete an amendment we had accepted on Committee Stage, which was a pretty innocuous amendment in that it only obliged a controller to give a person such further information as he or she might need to exercise his or rights under Part 5. It adds one additional point to the list in section 89(2) in terms of information which data...

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

Clare Daly: I have to accept the Minister's bona fides on this matter. If the reference to such further information as necessary to enable the data subject to exercise his or her rights under this Part remains in the Bill, I will take the Minister's word on it.

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

Clare Daly: I will restate the point on amendment No. 74. We see no reason we would not balance the rights of one person, for example, a mother who put her baby up for adoption, against the rights of the baby who was adopted in making a decision on whether the child should be given information on the mother. It would not always result in a decision in the child's favour. The requirement is that the...

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