Results 7,021-7,040 of 8,482 for speaker:Alice-Mary Higgins

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...

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

Alice-Mary Higgins: The Minister of State indicated it is not appropriate to impose blanket restrictions, yet that is effectively what is being applied in respect of access to social services. Persons seeking to access social welfare payments and other payments will encounter such a blanket restriction and I am concerned that it will be extended. I am concerned that the interaction between sections 6 and 12...

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

Alice-Mary Higgins: I am not pressing it, but we will return to it on Report Stage.

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

Alice-Mary Higgins: I move amendment No. 8:8. In page 10, between lines 23 and 24, to insert 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...

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

Alice-Mary Higgins: I recognise that this relates to sections 8 and 18. As it stands, section 18 provides that the legal basis must be set out. In terms of the subsection, there is a key concern about whether Ireland is really reflecting the spirit of where we are in data protection regulations. Our job is not to make it really simple. There is a need for a level of clarity on why it is happening and the...

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

Alice-Mary Higgins: I move amendment No. 9: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" means—(a) a company (within the meaning of the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act) a majority of the shares in which are held by or on behalf of a Minister of...

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

Alice-Mary Higgins: When we speak of unintended consequences, this is exactly what I am seeking to avert. Entities are listed in two lists under two different definitions.I recognise that the Minister of State needs to have a different definition in the Bill but I suggest that, perhaps in the section on definitions, he seeks to clarify that, for example, the definition of public bodies in the Bill relates to...

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

Alice-Mary Higgins: I understand the reason for the differentiation but am suggesting that that must be made clear in the legislation. It does not really address the issue of entities being wholly or partly funded by the State because although the Minister of State gave the example of local authorities, another example is a company providing homecare services and which is partly funded by the State and needs to...

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

Alice-Mary Higgins: I will not press the amendment. Section 18, on which the Minister of State touched, could be strengthened to address this issue. I hope I will be able to engage with him on how section 18 and the content of the data sharing agreement could perhaps make the protections more robust and be a way of approaching that issue.

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

Alice-Mary Higgins: I move amendment No. 13:In page 15, line 4, to delete “body.” and substitute the following:“body, and (f) the sharing of personal data is necessary and proportionate.”. Amendments Nos. 13 and 16 relate to necessity and proportionality, which are the guiding principles that underpin the GDPR. Again, this is about making clear that that test is being applied. In...

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

Alice-Mary Higgins: Amendment No. 17 is a technical amendment. It is clear. There is a little bit of ambiguity here. I regard it as a different issue and therefore a different discussion, but it relates to the ambiguity around the lead agencies and data sharing, and where that stands. Consider the situation where there are data controllers within two public bodies, for example, in the context of discussion...

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

Alice-Mary Higgins: While someone might not be sent around the houses, which I understand from the reference to the lead agency - in fairness to the Minister of State, he has affirmed it - it would be useful to affirm it in the Bill to be clear that it does not in any way prejudice someone's right to call to each of the relevant houses. Having heard what the Minister of State had to say, I almost reinforce the...

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

Alice-Mary Higgins: I appreciate the frank acknowledgement by the Minister of State. I am happy to consider section 55(c) which is about public consultation. The Minister of State referenced the statement the data protection officer might make. It would be useful for the public if the data protection officer did not simply say he or she was satisfied but if he or she were to indicate under the section in a...

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

Alice-Mary Higgins: I move amendment No. 19:In page 33, line 35, after “registry” to insert the following:“other than where that information may be sought or collected on the basis of direct consent of the person or data subject”. This potentially is one of the more sinister aspects of the Bill and it would be a source of real concern if it was not amended.Under section 42, there is...

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

Alice-Mary Higgins: I am concerned that there seems to be a misunderstanding about the word "proportionate". It is not a once-off test on necessity and being proportionate-----