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Seanad: An Bille um an Séú Leasú is Tríocha ar an mBunreacht 2018: An Dara Céim - Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage (27 Mar 2018)

Alice-Mary Higgins: As I have told the House before, I first marched for repeal in 1992 as a teenager who was shocked to hear what was happening to another teenager in the X case, someone who was the same age as me. Knowing what she was encountering at that time at the hands of the State was a shock to my system. I never would have believed at the time that some years later we would still be hearing such...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: Excuse me, I can just about hear. We do not yet have the groupings in front of us. Can I clarify are these all Government amendments that are being discussed now?

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: Sorry, I am not able to hear.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: Is the amendment being-----

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: Is it being proposed now?

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: Why? Sorry, if this is an amendment, with great respect to the Leas-Chathaoirleach, we need to be given the opportunity to speak to it.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: Sure.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: I will begin by responding on the wider set of amendments. I will address the concerns raised by Senator McDowell. I do not think that he needs to be concerned in respect of those areas, although there are very serious reasons for concern in respect of other inadvertent consequences and loopholes which are opened up by section 43 of the Bill. I will pick up on one or two points which the...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: Under the GDPR and under my amendment, processing the data of persons who are in regular contact with a candidate or party is allowed under the GDPR. These might be, for example, people who have said that they would really like a referendum on a given issue and whom the candidate or party reverts to, has correspondence with and notes that they are interested in that area if the issue arises...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: I recognise the concerns, and that is why there is some tension about Article 9.2(d). I urge Senator McDowell to look again at Article 9.2(d). That provision permits a wide range of activities. It is important because it applies not just to political parties but is much wider than that. It refers to any "not-for-profit body with a political, philosophical, religious or trade union aim"....

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: "Regular contact" is the actual phrase in the Bill but I accept the Minister's point.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: I clarify that the amendment contains the phrase "regular contact".

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: In any event it would be linked to section 43, so the interpretation would be that of the Minister's section 43.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: We have much ground to cover today and we will move on to that shortly. Amendments Nos. 29 and 30 were an attempt to marry Article 9.2(d) with the provision set out by the Minister's Department in section 43. The language as to who is included is the language taken from section 43, which includes election candidates of every kind, Independent, party or otherwise. I have taken the language...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: It is section 33.

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: These amendments relate to section 33 of the Bill. We discussed it at length on Committee Stage. It concerns the "Suitable and specific measures for processing". These measures are a toolkit introduced by the Minister as suitable specific additional measures for processing. They are usually applied in a situation where the consent of the data subject, the person, is being bypassed. They...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: I thank the Minister for taking on boards those concerns. I think they will give greater clarity, in particular in one of the significant investigations taking place at present, which is the investigation in respect of the public service card and the single customer view database, in which the Data Protection Commissioner is currently engaged. It is important that this would be able to...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: I move amendment No. 7:In page 21, between lines 9 and 10, to insert the following:“(5) The annual report should include a list of organisations found in breach of this Act during the period covered by the report.”. This amendment refers to organisations that are in breach of the Act and proposes that they be listed in the annual report of the Data Protection Commissioner. In...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: I thank the Minister. I will not press the amendments at this point but my purpose was to highlight and capture the wider pattern of breaches and where they are occurring, not simply in terms of the examples. I know this would add to the volume of work and I will not press for this at present but I will work with Members in the other House to address instances in which a large number of...

Seanad: Data Protection Bill 2018: Report Stage (22 Mar 2018)

Alice-Mary Higgins: I will withdraw the amendment for now.

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