Results 4,761-4,780 of 10,797 for speaker:Patrick O'Donovan

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: I do not want to labour the point, but, as we go through the Bill, particularly the reason the data governance board and the concept of proportionality are taken as a given, in the sense that we must have regard to existing legislation and the GDPR, that we have put in place a data governance board to protect the interests of citizens and public bodies, that we have the backstop of the Data...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: We need to go back to when the Bill went through pre-legislative scrutiny and the Data Protection Commissioner was given sight of it. It is important to point out that the observations of the Data Protection Commissioner and those involved in pre-legislative scrutiny have been incorporated in the Bill. On whether we have the luxury of waiting, I draw attention to a point I made on Second...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: The Bill in its current format does not permit the sharing of personal data under section 12. Section 12 spells out what can and cannot be shared. Many of the concerns raised by the Senator are addressed in section 12.

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: I did not say it said that. Section 12(1) states:This section applies to the disclosure of personal data (other than special categories of personal data) by a public body to another public body, where there is no other enactment or law of the European Union in operation under which specific provision is made permitting or requiring such data-sharing. We have had regard to the GDPR and other...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: I can clarify that immediately. If they are biometric data, they cannot be shared in that manner.

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: There has been a great deal of engagement. I acknowledge that the Senator has engaged and I thank her for doing so. She referred to Google Spain, which is a private body. This Bill refers to two public bodies. It is not necessarily comparable. The Bill refers to a number of prescribed public bodies. The prescription of the public bodies will make it possible for the Minister to add...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: I agree with Senator Higgins on one point, namely, that nobody present claims to have the knowledge of the Data Protection Commissioner. While the Data Protection Commission has been silent on certain matters, that is not to suggest the commission either supports or opposes anything. However, after the heads and general scheme of the Bill were published and circulated, they were scrutinised...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: In her last sentence, Senator Higgins articulates the reason we are here. We are doing this for the benefit of the citizen and to make it easier for the citizen to avail of public services and to do so in a legal framework that is compliant with the law. I draw attention to section 9(1)(q), which refers to "any other body specified in an order made under subsection 4".In other words, while...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: These amendments relate to the Social Welfare Consolidation Act 2005 and its relationship to this Bill. In the amendment tabled in respect of section 6, the Senator has proposed that the public services card, or the underlying public service identity data associated with the card, cannot be used as the sole basis by which a person may confirm his or her identity to access a service....

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: There is nothing in the Bill to suggest a reference to the security of the State or anything of that nature would be included in the provisions. It is a matter for each individual Department and agency to decide the most appropriate form of ID. The Senator is entitled to her view, but a lot of what she has said is already the law and included in the Social Welfare (Consolidation) Act 2005....

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: The Senator is right that the definition of data sharing in section 8 is quite wide. If I came here with a narrow definition, I am sure we would be having a different debate and Senators would be arguing that the Minister was trying to restrict what was covered by the Bill for the purpose of the establishment of data sharing agreements between agencies and was doing so to suit himself. The...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: As I said, the reason there is a wide definition of public bodies in the Bill is the same reason to which Senator Higgins referred. If I excluded the Health Service Executive, an education and training board, An Garda Síochána, the Commissioners of Public Works or another body, I would be pilloried and people would say it was more of the same and the Government was covering...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: The GDPR and the Data Protection Act and the Bill are different because the main thrust of the Bill is in regard to data sharing agreements. As I stated, a person with legal qualifications is involved in the signing of those agreements and that is one of several differentiating factors between the Bill and the Act to which the Senator referred. In regard to the wide remit to which the...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: Section 18 deals with the issue of safeguards. It contains several requirements which restrict further disclosure of data, including that security measures, retention requirements and how the data will be deleted when they are no longer needed must be specified. In addition, as I stated, the data protection commission may use its enforcement powers if sharing occurs outside the terms of the...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: With regard to whether or not we are being complacent, it is important to make a few points. The Senator spoke of the tests for necessity and proportionality. These are absolutely necessary and they are happening currently. Data is being shared at the moment, which is necessary and the agreements are necessary. They need, however, to have a legal basis, and hence this Bill. Consider what...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: The kick-off for the agreements is identified in section 55(1)(c, which states: "a statement from the data protection officer of each of the proposed parties to the effect that the data protection officer concerned has reviewed the proposed agreement, and is satisfied that compliance by the proposed parties with the terms of the proposed agreement would not result in a contravention of data...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: No, there will be one base register. Every time information is shared between Department A and Department B, there will be an agreement. If it is being shared between Department A and Department C, there will be another agreement.

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: Yes.

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: We are not cutting anyone out of it. There is nothing in the Bill that precludes the public body from engaging with the citizen. Public bodies are obliged to use the base registry as a source and as a result of that move on to the agreement. All of the safeguards I have referred to a while ago regarding leave agencies, base registries, all of the setting out of agreements, submissions,...

Seanad: Data Sharing and Governance Bill 2018: Committee Stage (26 Jun 2018)

Patrick O'Donovan: I never said it was.