Results 6,721-6,740 of 8,196 for speaker:Alice-Mary Higgins

Joint Oireachtas Committee on Social Protection: Crosscare Emigrant Support Service: Discussion (28 Jun 2018)

Alice-Mary Higgins: Have the witnesses experienced an increase in people from the UK using their service in recent times? I just wonder whether that is intensifying post Brexit.

Joint Oireachtas Committee on Social Protection: Crosscare Emigrant Support Service: Discussion (28 Jun 2018)

Alice-Mary Higgins: Not yet.

Joint Oireachtas Committee on Social Protection: Crosscare Emigrant Support Service: Discussion (28 Jun 2018)

Alice-Mary Higgins: It is not turning into a greater caseload at the moment.

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

Alice-Mary Higgins: I move amendment No. 1:In page 9, between lines 24 and 25, to insert the following:“Interaction with Data Protection Acts and General Data Protection Regulation 5.Nothing in this Act shall affect the operation of data protection law.”. This amendment proposes to delete the lines which would suggest that section 38 of the Data Protection Act, which recently went through these...

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

Alice-Mary Higgins: I would not concur that it is more permissive. We need to look to the elements in section 38. I certainly would not have an objection if additional standards were to be imposed on top of the standards implied in section 38 of the Data Protection Act at the moment. This is why it was such a key point of interest. Section 38 of the Data Protection Act relates to the public interest. We all...

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

Alice-Mary Higgins: There are still a few small elements to be considered, namely, the role of the committee and the publication of the rationale where there is a conflict, as well as the crucial issues of necessity and proportionality. Perhaps, as we move through the Bill, there might be points at which I will propose that provisions with respect to necessity and proportionality be reinserted. If we were to...

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

Alice-Mary Higgins: Not if I have the potential to engage with the Minister of State on that matter.

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

Alice-Mary Higgins: I am not pressing it at this time, but I reserve the right to return to it.

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

Alice-Mary Higgins: I move amendment No. 2:In page 10, line 3, after “identity” to insert the following:“excepting such parts of that public service identity which constitute special categories of personal data under GDPR, including biometric data such as facial images which allow for the unique identification or authentication of a natural person”. These amendments relate to the...

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

Alice-Mary Higgins: We are going around the houses and we are going around the amendments because the section on pensions has absolutely nothing to do with this section, section 6, and base registries have nothing to do with these amendments. The key questions and concerns I raised have not been addressed. I have not raised concerns about pensions or base registries. Nobody is in a position to invoke the Data...

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

Alice-Mary Higgins: I do not want to spend too much time on this grouping but section 12 sets out a number of situations. I could read Article 9 and section 12-----

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

Alice-Mary Higgins: I would prefer not to have to address it but section 12 of the Bill, which sets out circumstances under which one can share data, and Article 9 of the GDPR which sets out the circumstances under which one may share photographs, are different. Different circumstances are provided for in each. I am suggesting ways to make them compatible and am trying to be constructive. Repeatedly stating...

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

Alice-Mary Higgins: In that case, why is the public service data set only excluded in one small sub-section of circumstances in section 12? Why does the Bill specifically allow for the public service data set to be processed under section 12? The public service data set has within it special categories of personal information. Is it the view of the Minister of State that facial images could not be shared...

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

Alice-Mary Higgins: If that is so, why does the Minister of State object to amendment No. 3 which aims to make that clear in section 6? I accept that the Minister of State does not wish to accommodate these amendments.

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

Alice-Mary Higgins: I move amendment No. 5:In page 10, to delete line 5 and substitute "where the information is disclosed in accordance with Article 9 of GDPR.". I urge the Minister of State to re-examine these amendments because I intend to reintroduce them on Report Stage. It is a question of which amendments we will press. I will be happy to engage with the Department and with the Minister of State on...

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

Alice-Mary Higgins: I move amendment No. 6:In page 10, line 8, to delete "section 12(2)(a)(ii)(VIII)" and substitute "section 12(2)(a)(ii)(III) or (VIII)". Amendment No. 6 refers to the interaction with the Social Welfare Consolidation Act 2005. All of these amendments are being proposed to resolve a problem of legal incompatibility arising from a 2015 European Court of Justice case between Google Spain and a...

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

Alice-Mary Higgins: The Tallinn Declaration is a declaration, whereas the GDPR is law. They are quite different. The GDPR takes significant precedence on the hierarchy of priority. I suggest that in invoking the once-only principle, the Minister of State has given the Tallinn Declaration an equivalent status. However, it is not in any way equivalent to the necessity and proportionality test we now have under...

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

Alice-Mary Higgins: The Minister of State is correct that there is a lacuna and that a large amount of data sharing is taking place without a clear legal basis. It is good that he acknowledged that. On another issue to which I will return on Report Stage, the definitions of "public body" in the Data Protection Act and this Bill are inconsistent. The definition of "public body" in this Bill is very wide. A...

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

Alice-Mary Higgins: I note that commercial sensitivities are being given great regard. I regret, however, that the same regard is not being given to the data protection sensitivities and entitlements of the individual and the concerns regarding necessity and proportionality, which have not been addressed. I put forward amendments to make constructive proposals. I do not like many elements of section 12 but...

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

Alice-Mary Higgins: I move amendment No. 7: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.". The amendment is on the public services identity...