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

Clare Daly: I move amendment No. 79:In page 47, between lines 21 and 22, to insert the following:“(8) (a) In circumstances where it is proposed to restrict the rights and obligations referred to in subsection (1) for important objectives of general public interest other than those listed in paragraphs (a) to (n) of subsection (7), the Minister shall cause to be laid before both Houses of the...

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

Clare Daly: I move amendment No. 81:In page 48, between lines 10 and 11, to insert the following:“(11) Regulations made under this section shall—(a) respect the essence of the right to data protection and protect the interests of the data subject, and (b) restrict the exercise of data subjects’ rights only in so far as is necessary and proportionate to the aim sought to be...

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

Clare Daly: I move amendment No. 74:In page 45, line 34, to delete "Subject" and substitute the following:"Having regard to the balance of the rights and freedoms of data subjects and the rights and freedoms of others, and subject". Section 59 proposes that the Minister should have wide discretion in limiting the rights of persons given to them by Articles 12 to 22, inclusive, in respect of certain...

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

Clare Daly: I move amendment No. 68:In page 44, to delete lines 7 to 15.

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

Clare Daly: I move amendment No. 71:In page 44, to delete lines 16 to 24.

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

Clare Daly: I move amendment No. 67:In page 44, to delete lines 5 and 6 and substitute the following:“him or her to— (I) make representations to the controller in relation to the decision, (II) request human intervention in the decision-making process, (III) request to appeal the decision.(2) In the case of requests made under subsection (1)(b)(ii)(II) or (III) the controller...

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

Clare Daly: I thought these were very good amendments and we would certainly support them. Amendment No. 65 will prevent identity databases from being created by, for example, the Government. Such databases could be exploited for a range of purposes. Amendment No. 141 is an effort to prevent the Government from continuing to maintain its gigantic and illegal biometric database, created through forcing...

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

Clare Daly: I find the Minister's position a bit strange because these amendments are based on a similar provision in the UK Act. They seek to insert an additional safeguard for people when private insurance companies and banks are using their data without their consent. Such use is allowed only when someone has not explicitly said "No" and when the bank or insurance company would face an...

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

Clare Daly: I move amendment No. 60:In page 39, between lines 9 and 10, to insert the following:"(2) The processing of data regarding health under this section can be carried out without the consent of the data subject only if, in addition to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects—(a) the controller cannot reasonably be expected...

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

Clare Daly: I move amendment No. 62:In page 40, between lines 9 and 10, to insert the following:"(9) Regulations may be made under this section only if—(a) a draft of the proposed regulation has been laid before the Houses of the Oireachtas, and (b) a resolution approving the draft has been passed by each House.".

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

Clare Daly: I move amendment No. 43:In page 36, line 22, after “that” to insert “, having regard to the fundamental rights and legitimate interests of the data subject,”.

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

Clare Daly: I move amendment No. 44:In page 36, line 24, to delete “of preventing, detecting, investigating or prosecuting” and substitute “of avoiding prejudicing the prevention, investigation or prosecution of”.

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

Clare Daly: I move amendment No. 45:In page 36, between lines 25 and 26, to insert the following: “Processing of special categories of personal data for purpose other than purpose for which data collected 41.Without prejudice to the processing of personal data for a purpose other than the purpose for which the data has been collected which is lawful under the Data Protection Regulation, the...

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

Clare Daly: I move amendment No. 51:In page 38, to delete lines 17 to 28.

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

Clare Daly: I move amendment No. 25:In page 35, to delete lines 12 to 14. Section 38 of the Bill is potentially in conflict with the GDPR because it states "in writing". It is a grey area. This vague terminology could be in conflict with the e-privacy regulations of the GDPR because it would include text messages.

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

Clare Daly: I move amendment No. 42:In page 36, line 20, to delete “and special categories of personal data”. I will try to be brief. We have resubmitted these amendments on Report Stage because they are quite important. According to recital 50, processing for purposes incompatible with the one for which the data was originally collected may be allowed if the person consents and the...

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

Clare Daly: Worse, the Deputy's amendment seeks to extend the permission to cover party members. I could join Fianna Fáil tomorrow and use my membership as a cover to access other people's personal data and send them unsolicited emails, text messages, surveys and questionnaires every day. If someone felt his or her privacy had been violated, he or she could do nothing about it.

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

Clare Daly: It is madness. It may be an unintended consequence. I will defer to the Deputy's assertion that it is not intended-----

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

Clare Daly: -----but it is what would arise. Turning to our amendment No. 51, section 47 is important and troublesome. Under it, the Government proposes to rely on recital 56 to justify allowing political parties anywhere to process the political opinions of anyone for the purposes of electoral activities. There is no territorial limit. If a German Cambridge Analytica wanted to process the political...

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

Clare Daly: Is the Minister saying that a text message is not communication in writing?

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