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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. 33:In page 19, between lines 38 and 39, to insert the following:“(6) This section is without prejudice to and does not limit the rights of a person as a data subject in respect of any or all data controllers in a data sharing agreement.”.

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

Alice-Mary Higgins: I move amendment No. 38:In page 32, between lines 26 and 27, to insert the following:“(5) The Minister shall, when making an order under subsection (1), have regard to whether provision is made for a person’s right to verify their identify using an alternative process.”.

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

Alice-Mary Higgins: I thank the Minister for the amendments he has put forward. They address the concern we had, including that the data portal would be a space where people could fully access their information as it related to data breaches. In light of amendments Nos. 42 to 45, inclusive, put forward by the Government and relating to the same issue, I am happy to withdraw my amendments. One of the most...

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

Alice-Mary Higgins: The issues that are not, perhaps, as comprehensively addressed in the Bill are those relating to the content of data-sharing agreements where data is shared with public bodies. In that context, I have tabled amendment No. 50. While data-sharing agreements can be accessed, it is sometimes difficult for people to know where to look or which agreement is relevant. There is transparency in the...

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

Alice-Mary Higgins: I move amendment No. 50:In page 34, between lines 25 and 26, to insert the following:(c) view the contents of the data-sharing agreements under which his or her data has been shared between public bodies.".

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

Alice-Mary Higgins: Amendment No. 59 is a response to the question of private companies that may be contracted. It is a transparency mechanism. We do not want a consultant to become a de facto member, which we know sometimes happens. An adviser or consultant can be there for ten or 15 years, effectively managing a board while members come and go. I know this is not the intent of the Minister of State. Given...

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

Alice-Mary Higgins: I move amendment No. 58:In page 36, between lines 11 and 12, to insert the following:"(5) Any contracts in respect of consultancy, advice or other services to the board shall be subject to public competition.".

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

Alice-Mary Higgins: I move amendment No. 60:In page 36, between lines 13 and 14, to insert the following:"(2) Of the members of the Board, an equal number shall be male and female.".

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

Alice-Mary Higgins: These amendments relate to the composition of the data governance board, which plays a key role in the data-sharing Bill and the proposed new system of data governance. I acknowledge the Minister of State has addressed the majority of the concerns I have regarding gender balance, composition and ensuring clarity on the time people might sit on the board. In this regard, I will not press the...

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

Alice-Mary Higgins: Absolutely.

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

Alice-Mary Higgins: I move amendment No. 64:In page 36, between lines 17 and 18, to insert the following:"(4) When appointing members of the Board, the Minister shall have regard to—(a) the objective that at least 40 per cent of members of the Board shall be women and at least 40 per cent shall be men, and (b) the guidelines, if any, prepared by the Minister in relation to appointments to boards of State...

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

Alice-Mary Higgins: Some of my amendments were tabled prior to seeing the Government's amendments. I am happy to withdraw amendments Nos. 70 and 71 and support the Minister of State's amendment. Amendment No. 72, as he said, is technical.

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

Alice-Mary Higgins: I move amendment No. 72:In page 38, line 16, after "it" to insert ", and its committees,".

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

Alice-Mary Higgins: I will support amendment No. 73 and withdraw amendment No. 74. I thank the Minister of State for accepting amendment No. 75.

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

Alice-Mary Higgins: I move amendment No. 75:In page 39, between lines 19 and 20, to insert the following:"(iii) is satisfied that the agreement adheres to the principles of data protection as specified in Article 5 of the General Data Protection Regulation and is necessary and proportionate,".

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

Alice-Mary Higgins: I move amendment No. 76:In page 42, to delete line 23 and substitute the following:"(a) the time periods referred to in:(i) section 55(1)(d)(iii)setting a minimum of two weeks; (ii) section 56, and". The amendment intends to ensure there will be a time period. I acknowledge that the Minister of State has in amendment No. 77 met that. Of course, I pushed the boat out with a further...

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

Alice-Mary Higgins: I move amendment No. 80:In page 43, to delete lines 13 to 16.

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

Alice-Mary Higgins: This is the most fundamental amendment. There was confusion in the Bills Office that three amendments due to be made in this section, the third of which would also include lines 13 and 14. These are the grounds. This is probably the final substantive concern that we have. It relates to the fact that the purposes under which the Minister may prescribe rules and promises, procedures and...

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

Alice-Mary Higgins: That is the substantive concern and it is not the intention of the Bill. In light of that, and in faith that the Minister of State will remove the two lines, I will not press the amendments.

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

Alice-Mary Higgins: I thank the Minister of State and his officials for their engagement with me between the Stages of the Bill. We made significant progress together and the Bill is strengthened by that. I look forward to watching the further debates from a distance. I am sure that it will move very quickly when it comes back with the amendments that have been committed to on Committee Stage in the Dáil.

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