Results 3,001-3,020 of 14,388 for speaker:Clare Daly

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: I will be brief. To be honest, I do not know why the amendments have been grouped like this, as they deal with two sections. That probably has caused part of the confusion, about which I am sorry. Section 43 deals with providing for a general exemption from the prohibition on processing special categories of data imposed on either the controller or the subject by employment or social...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: I wish to speak briefly to amendment No. 64. Article 9 of the GDPR , from which the section is derived, states the processing of special categories of data in the context of employment and social welfare law is allowed as long as the "processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject" in these...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: This is an absolutely enormous section which has caused huge controversy. Even as we sit here, a load of people are commenting on it, including some of the experts in Ireland on data protection because they believe this is a serious category. To answer some of the points made by Deputy Jim O'Callaghan, it is not about canvassing or recording details. All of that good stuff can...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: Yes, absolutely.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: The provisions of the GDPR provide for exemptions from the requirement for consent for processing with a view to safeguarding public health, but that is not necessarily what health insurance companies do. The processing of health data is not necessary for the management of the health service. It obviously has some function in that regard, but I do not think it should do so without having to...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: On foot of the Minister's comments, we were going to withdraw the amendments but Deputy Lawless has almost tempted me to reintroduce them. I will withdraw them for now and reserve the right to table them again on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: We dealt with many of the issues relating to the section during the debate on amendment No. 5. The amendment relates to the processing of sensitive categories of data, which can only be done in the substantial public interest. None of us will have a problem with the example cited by the Minister but we are concerned to head off that interpretation being stretched in the future based on the...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: Where is it? I cannot see it.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: There is validity to Deputy O'Callaghan's point in the sense that what we agreed yesterday on Oireachtas oversight has maybe moved the goalposts since we tabled these amendments. We tabled two amendments to get around the legal prohibition on us placing an obligation on the Data Protection Commissioner to do anything. We have probably favoured Deputy Ó Laoghaire's amendment to ours but...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: Yes.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: So am I.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: They are consequential on yesterday's provisions and they relate to the same oversight provisions. For consistency, they should be allowed. They are in line with what we agreed yesterday but relate to a different section.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: Article 29 of the GDPR is the god of guidance on the GDPR. On automated processing the GDPR says that minimum safeguards must provide an explanation of the decision reached and a way for the data subject to obtain human intervention, to express his or her point of view and to contest the decision. This Bill refers to making what are called representations. It is not clear at what stage the...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: Under Article 21 everybody has a right to object to having their data processed for the purposes of direct marketing. The Government inserted this new section in the Bill in the Seanad that says receiving direct mail from a political party or the Referendum Commission is not direct marketing, so a person has no right to object. Essentially, it limits a person's right to object to being...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: That is not the issue here. There is nothing to stop politicians continuing to mail people, every day of the week if they like. Section 55, however, prevents a constituent from objecting to that process. This is an entirely different matter. While I will continue to use my Oireachtas envelopes, with which I think I am informing my constituents, if someone contacts me and gives me their...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: I did not hear anyone else saying that it was not. I said that a citizen or a resident had a right to object to any material they got from me and from Deputies Brophy, O'Callaghan, Ó Caoláin or whoever.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: It is incredible that we are discussing a complicated document and are further unnecessarily complicating it. The entities to which the Minister referred such as the Referendum Commission, political parties, political wannabes and others can rely on existing legitimate interest grounds to carry out direct mailing and so on. These sections relate to removing a recipient's right to object....

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: It has been a long week.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: I move amendment No. 85:In page 37, line 3, to delete “to 22” and substitute “to 21”. It has been a very difficult week. I am aware that Deputy Ó Laoghaire is opposing the section, and Deputy Wallace and I support him in that regard. However, on the basis of the debate on the section in the Seanad, we did not think that approach would be heard or accepted...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: I move amendment No. 88:In page 37, line 33, after “the”, where it firstly occurs, to insert “commercial”.