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Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 10:In page 10, line 8, to delete "section 12(2)(a)(ii)(VIII)" and substitute "section 2(2)(a)(ii)(III) or (VIII)".

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: What is the grouping?

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: My concern is with regard to the only exemption to a specified body disclosing a person's public service identity information to another specified body. The intention of the amendment is to expand the grounds not to be considered appropriate for the sharing of somebody's personal information with a specified body. Avoiding the financial and administrative burdens that would otherwise be...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: As the Minister of State, Deputy O'Donovan made clear, there is a right to object, but I hope a better way of dealing with it will be found in the Dáil. This amendment is not simply about objecting to the processing of personal data because in many cases people do not object at all but they may object to an automatic mechanism being put in place as to how their data will be processed....

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: No. I will withdraw it.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: Apologies, have I missed my opportunity to press amendment No. 10?

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 11:In page 10, between lines 14 and 15, to insert the following:“(6) A specified body may not make presentation of a public service card or access to a person’s public service identity the sole or exclusive basis by which a person may confirm their identity in order to conduct a transaction or access a service.”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: Amendments Nos. 11 and 17 relate to the concern about the public service card and the single customer view dataset. Again the measure we are looking to tackle here has become more important because we now have the Social Welfare Consolidation Act included in the rubric and it is now explicitly implicated in this Bill. We have major questions around the public service card and legal concerns...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I refer to amendment No. 11.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I realise we have much to get through so I will not speak at length. Given that the Social Welfare Consolidation Act 2005 is referred to in this Bill, it is opened up to this suggested interpretation. Amendment No. 11 is compatible with that Bill. The Social Welfare Consolidation Act 2005 provides that there may be a requirement for the Minister to be satisfied. Amendment No. 11 complies...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: Yes.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 12:In page 10, to delete lines 24 to 32 and substitute the following:"Data-sharing: meaning 8.(1) In this Act, "data-sharing" means the execution and operation of defined processes for the exchange of information between one or more entities for the purpose of supporting the delivery of statutory public sector services, or the execution of obligations under EU law.(2)...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I could debate at length the differences between what I am proposing in amendments Nos. 12 and 28 and the Government's exact proposal in amendment No. 27. It is important to acknowledge that the Government has gone a considerable way towards clarifying the basis on which data is being shared, the impetus for data-sharing and the kinds of ways in which data is shared. For example,...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 13:In page 10, to delete lines 34 to 38, and in page 11, to delete lines 1 to 30 and substitute the following:"9. (1) In this Act, "public body" is given the same meaning as a public body and a public authority as set out in section 2 of the Data Protection Act.".

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: This is a somewhat technical issue. I do not think there is a point in belabouring it. I know the Minister of State and his officials are very aware of the difficulties being caused by the inconsistency between the definition of "public body" in this Bill and the definition set out in the Data Protection Acts. There are public authorities and public bodies under the Data Protection Acts...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I will support the Minister of State's amendment and I recognise it as progress. My only concern is that it states the Minister may introduce regulation in this area but it does not require that regulations would be put in place, as my amendment would have done. That is still a concern and I imagine it might be taken up by others. Senator Devine will know that the difference between "may"...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 17:In page 14, to delete lines 5 and 6 and substitute the following: “(I) as one non-mandatory means to verify the identity of a person, where the first or second mentioned public body is providing or proposes to provide a service to that person, without prejudice to a person’s right to seek to verify their identity by other means;”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 21:In page 15, line 4, to delete “body.” and substitute the following:“body, and (f) the sharing of personal data is necessary and proportionate.”.

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: Amendments Nos. 21 and 30 relate to the issue of necessity and proportionality. One of the core requirements of the GDPR is that sharing be done in a way that is both necessary and proportionate in order that it does not exceed what is required. We debated these two points at such length on the previous Stage that we do not need to go over them again. The Minister of State has indicated...

Seanad: Data Sharing and Governance Bill 2018: Report and Final Stages (3 Oct 2018)

Alice-Mary Higgins: I move amendment No. 22:In page 15, between lines 5 and 6, to insert the following:"(4) Where special categories of personal data are disclosed by one public body to another public body for reasons of public interest, regulations shall be made—(a) by the Minister following consultation with such other Minister of the Government as he or she considers appropriate, or (b) by any other...

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