Results 481-500 of 9,147 for speaker:Pat Breen

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

Pat Breen: What happened to section 172?

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

Pat Breen: I am sorry. I meant amendment No. 172.

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

Pat Breen: Should there have been a votáil?

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

Pat Breen: Okay. The Minister has agreed to that process.

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

Pat Breen: I move amendment No. 178:In page 106, line 4, to delete "Subject to subsection (11), a controller" and substitute "A controller". Amendment No. 179 deletes subsection (11) of section 131 in consequence of the deletion of subsection (2) of section 139. This subsection, which is being removed for legal reasons on the advice of the Attorney General's office sought to give effect to the ne bis...

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

Pat Breen: I move amendment No. 179:In page 106, to delete lines 13 and 14.

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

Pat Breen: I cannot accept amendments Nos. 181 to 184, inclusive, because they could seriously jeopardise the finalisation of an investigation by the commission and render it open to legal challenge on the grounds of due process. When a draft report is prepared by an authorised officer on foot of his or her investigation under section 137 of this Bill, fair procedure rules require the contents of that...

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

Pat Breen: I assure Deputy O'Callaghan that we will consult the Attorney General and give consideration to what he is proposing. Is that okay?

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

Pat Breen: I move amendment No. 185:In page 115, to delete lines 23 to 25 and substitute the following:"(2) Where a controller to whom section 109(2)(b), 110(2)(b) or 131(9) applies is a controller by virtue of his or her being the subject of a designation under subsection (1) or (2) of section 3, a decision by the Commission to impose an administrative fine in respect of the infringement or failure...

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

Pat Breen: I move amendment No. 186:In page 115, between lines 31 and 32, to insert the following:"(4) The Commission, as soon as practicable after—(a) a decision to impose an administrative fine is confirmed under section 140(3)(a) or 141(2), or (b) the court decides, under section 140(3)(b), to impose a different fine, shall give the controller or processor concerned a notice in writing,...

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

Pat Breen: I am referring to Article 83.2(k) of the GDPR.

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

Pat Breen: I can read the relevant article of the GDPR if the Deputy wishes me to do so.

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

Pat Breen: It will be possible to take account of that when the fine is being determined.

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

Pat Breen: I move amendment No. 188:In page 116, line 14, to delete “section 137(3)” and substitute “section 139(3)”.

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

Pat Breen: I move amendment No. 189:In page 117, line 16, to delete “5 years,” and substitute “5 years”.

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

Pat Breen: As regards appeals against decisions of the Circuit Court and High Court in specific cases, subsection (11) provides for the possibility of appeal on a point of law "by leave of the Court" to the High Court or Court of Appeal, respectively. This is a standard provision in legislation of this kind and it will ensure that a further appeal on the merits of the case does not take place. For...

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

Pat Breen: I understand the appeal will relate to a decision of the Data Protection Commissioner.

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

Pat Breen: I move amendment No. 194:In page 123, to delete line 37, and in page 124, to delete lines 1 to 17 and substitute the following:“(2) The assigned judge shall, in particular—(a) promote awareness among judges of the provisions of the Data Protection Regulation, the Directive and any enactment, rule made under section 156(3) or other rule of law that gives further effect to the...

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

Pat Breen: I move amendment No. 195:In page 124, between lines 17 and 18, to insert the following:“Restrictions on obligations of controllers and rights of data subjects for objective of safeguarding judicial independence and court proceedings 156. (1) The rights and obligations provided for in—(a) Articles 12 to 22 and Article 34, and Article 5 in so far as any of its provisions...

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

Pat Breen: I move amendment No. 196:In page 124, between lines 17 and 18, to insert the following:“Processing of personal data where court is controller 157. (1) The Superior Courts Rules Committee may make processing rules in respect of personal data that are contained in a record of a superior court of record. (2) The Circuit Court Rules Committee may make processing rules in respect of...