Results 4,701-4,720 of 6,163 for speaker:Donnchadh Ó Laoghaire

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

Donnchadh Ó Laoghaire: On section 45, there is a degree of concern. Deputy Mick Wallace has an amendment that is much the same on the matter. I will oppose section 45. All of its purposes are covered by Article 9 of the GDPR. In the possible or likely event that the section is agreed to, I still believe it requires amendment. There is a view, which I share, that section 45 creates a loophole in allowing...

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

Donnchadh Ó Laoghaire: The amendment does not attempt to impinge on what political parties do in this jurisdiction or, at least, for its purposes. Its intention is to prohibit the gathering of data in this jurisdiction for use elsewhere. There is a belief, which I share, that it is not currently prohibited and that it is something we should seek to do. The other point made by Deputy Jim O'Callaghan and the...

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

Donnchadh Ó Laoghaire: I move amendment No. 66:In page 31, between lines 12 and 13, 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...

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

Donnchadh Ó Laoghaire: The amendments are not quite similar and I am concerned about the Minister's proposal to delete and replace the entire section because it would mean our amendments would be lost. Section 48(4) is the result of a Sinn Féin amendment that was made in the Seanad. I have sought to refine it to take account of a point made by the Minister to tighten it up. To identify the point exactly,...

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

Donnchadh Ó Laoghaire: Section 48(4)(c). That is the implication of our amendment. It is to try to preserve and enhance an amendment that was made in the Seanad.

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

Donnchadh Ó Laoghaire: I am conflicted because the Seanad took a view on this and voted against the Government to include this impact assessment process with good reason. I take the point that Deputy O'Callaghan raised about decisions being made by the Oireachtas. There is no provision here that ensures that the Data Protection Commissioner would take a decision. Any decision could only be made by a Minister and...

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

Donnchadh Ó Laoghaire: This point of an onerous obligation assumes that this will happen frequently. It should not happen frequently. If we are talking about new special categories being taken into account and that the Minister would be able to provide for that, that should not be happening willy-nilly or frequently but should be infrequent. One would hope that it would not happen any more often than once a year...

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

Donnchadh Ó Laoghaire: I would like to reinforce that. A thread is emerging in this debate that rather than going out and canvassing during elections or gathering data, candidates should stay behind closed doors and pray for people to vote for them. No one is suggesting that. We are trying to ensure that we comply with an EU law that will have a direct effect, and where people hold data around political opinions...

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

Donnchadh Ó Laoghaire: I wish the record to show my agreement to that.

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

Donnchadh Ó Laoghaire: The comments made by Deputy Clare Daly.

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

Donnchadh Ó Laoghaire: As with several other sections, the phrase "public interest" can be used to justify many things. While it is important to protect the public interest, it can often be used by organisations, agencies and government to make decisions that suit their objectives at a particular time. Articles 9 and 145 of the GDPR specifically cover these matters. In the absence of a proper definition of...

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

Donnchadh Ó Laoghaire: I move amendment No. 97:In page 40, between lines 8 and 9, to insert the following:“(11) (a) Any regulations under this section shall be referred to the Data Protection Commissioner before their enactment, who shall conduct an impact assessment, undertaken by the Data Protection Commission.(b) The impact assessment shall have the purpose of ascertaining whether the proposed processing...

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

Donnchadh Ó Laoghaire: The reason Deputies Daly and Wallace brought forward their amendments and I brought forward mine is that it is quite easy to imagine the circumstances in which a data protection officer is doing his or her job and the data controller has his or her own reasons for trying to frustrate the process. The organisation he or she is responsible for may not be complying properly with data protection...

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

Donnchadh Ó Laoghaire: I move amendment No. 124:In page 67, between lines 22 and 23, to insert the following:“Protection of Data Protection Officers 86. (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,...

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

Donnchadh Ó Laoghaire: In regard to the Minister's response to amendments 137 to 139, inclusive, I am sure that like me the other Deputies involved were of the view that these amendments would strengthen the obligations rather than weaken them or create any greater discretion, particularly, in the first instance, the word "investigate" as opposed to "examine" and, in the second instance, the reference to a formal...

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

Donnchadh Ó Laoghaire: I move amendment No. 137:In page 87, to delete lines 5 to 8 and substitute the following:“107. (1) For the purposes of section 106(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...

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

Donnchadh Ó Laoghaire: In fairness, he is probably not aware of the Chairman's ruling at the start of yesterday's meeting.

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

Donnchadh Ó Laoghaire: Yes. We have only had approximately three votes.

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

Donnchadh Ó Laoghaire: Is the Minister of State referring to Article 83 of the GDPR or to a section of the Bill?

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

Donnchadh Ó Laoghaire: Okay. I was looking at Article 145.