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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.

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

Donnchadh Ó Laoghaire: No. I am sure I can find it. If it is the case as far as the Minister of State and the Department are concerned that there is no requirement to provide for the Data Protection Commissioner to have these powers under Irish legislation so that it will be possible to recover profits gained on foot of offences under this Bill, I will be happy enough to withdraw my amendment.

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

Donnchadh Ó Laoghaire: Okay. I will have a think about the matter. I will withdraw my amendment for now.

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

Donnchadh Ó Laoghaire: I move amendment No. 191:In page 119, between lines 5 and 6, to insert the following:“(c) decisions reached regarding complaint cases,”.

Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (2 May 2018)

Donnchadh Ó Laoghaire: Neither provoking nor encouraging.

Criminal Justice (Corruption Offences) Bill 2017: Report and Final Stages (2 May 2018)

Donnchadh Ó Laoghaire: The Minister has taken on board the point we made. It is fair to say that there have been issues in the past with corruption that have centred around local authorities. It is important to acknowledge that, similar to other public representatives and elected persons, we should identify members of local authorities specifically, and I thank the Minister for taking the point on board.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Donnchadh Ó Laoghaire: We will be supporting the amendment in the name of Deputies Daly and Wallace. Like Deputy Daly, I will make some points to which I will refer after the fact rather than repeat in respect of various amendments because they apply to a number of them. One of the primary criticisms of this Bill is the length of it and the extent of the exemptions and the scope for regulation. In a general...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Donnchadh Ó Laoghaire: I wish to respond to that. It is not directly analogous, but every year there is a resolution to renew the Offences Against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009. There are regularly resolutions on the transposition of European legislation and on the approval of conventions. Some of those motions are taken with debate, some are taken without debate....

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)

Donnchadh Ó Laoghaire: I move amendment No. 10:In page 15, to delete line 37 and substitute the following:"(4) Any and all investigations ongoing or commenced by the Data Protection Commissioner shall continue under the aegis of the Data Protection Commission as of the establishment day without interruption.". There is a slight drafting error in the amendment and I am not sure it will be possible to press it....

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