Results 7,021-7,040 of 8,212 for speaker:Alice-Mary Higgins

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I move amendment No. 11a:In page 24, to delete lines 18 to 22 and substitute the following:"(a) the Minister, provided that—(i) the Minister has consulted with such other Minister of the Government as he or she considers appropriate and has also consulted with and sought the advice of the Commission, and (ii) the Minister has, if he or she intends to set out regulations which are not...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: Yes.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: Under Standing Order 62(3)(b), I request that the division be taken again other than by electronic means.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I move amendment No. 12:In page 24, line 24, to delete “may” and substitute “shall”. I will withdraw the amendment and reserve the right to reintroduce it on Report Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I move amendment No. 13:In page 24, line 30, to delete “may” and substitute “shall”. I will withdraw the amendment and reserve the right to reintroduce it on Report Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I move amendment No. 14:In page 24, line 33, to delete “may” and substitute “shall”. I will withdraw the amendment and reserve the right to reintroduce it on Report Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I move amendment No. 14a:In page 24, after line 39, to insert the following:“(b) the necessity and proportionality of the processing,”. I will withdraw this amendment and I would have the hope that this particular amendment is one that the Minister himself may reintroduce on Report Stage. If not, I will.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: Section 34 is one of the most deeply problematic sections in the Bill and needs intensive revision. The main concern is that, while provisions are made in respect of specific and, in some cases, appropriate circumstances that we have already discussed with the Minister whereby personal data might be processed, section 34 is wide in terms of what is construed and potentially construable as...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: We can continue to work on amendment 15a. I appreciate that the Minister is interested in considering it. I do not think anybody in this House would disagree about the circumstances the Minister has outlined where it would be appropriate. The concern is that as it stands subsection (1)(a) does not cover only urgent situations. It covers any situation or law that is brought in. I am more...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I support the amendments, which are constructive. I am happy to support these proposals but I urge the Minister to consider working with all parties on them as they would like to move to a resolution to ensure the integrity of the Fourth Estate is maintained.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I move amendment No. 18:In page 29, line 10, after "lawful" to insert "where consent is freely given, specific, informed and unambiguous by data subjects and". I will withdraw the amendment and reserve the right to reintroduce it on Report Stage on the basis that the Minister indicated he was interested in revisiting the issue of consent in this section.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I will speak to my amendments Nos. 20 and 21. I do not propose to press amendment No. 20 as I do not wish to create an artificial disadvantage for new candidates compared with existing representatives. I recognise the concern that has arisen on this matter, on which I have engaged with the Department. Nonetheless, there remains a concern that the section, as constituted, goes significantly...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I ask the Minister to clarify one point: is it his interpretation that under the section as it currently stands no personal data revealing political opinions could be shared with any private company for the purposes of processing?

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: It is.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I am happy to return to the section to discuss it further with the Minister. I still have some concerns but I appreciate his clarity on the interpretation.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I move amendment No. 21:In page 29, between lines 16 and 17, to insert the following:“(2) This section does not permit the sharing or processing of personal data revealing political opinion with or by any private or commercial company, even when that private or commercial company has been contracted by the actors or entities specified under paragraphs (a), (b) or (c).”. I...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: Although I did not wish to delay the process at the time of the discussion of section 40, I note that section 44 potentially relates to it. Section 44 will be the subject of amendment on Report Stage. It involves the bundling of two purposes - insurance and pensions - which should be separated into two sections because different provisions may apply to each. Although it may be appropriate...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: There are a number of parts to this amendment. I support the spirit of it. I know there may be issues relating to the question of impact assessment and who the appropriate person to perform an impact assessment is, whether the data controller or the Data Protection Commissioner. The key to this and the spirit in which it was discussed earlier is something the Minister will have seen a...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I move amendment No. 27:In page 34, to delete lines 1 to 7 and substitute the following:"(b) the effect of that decision is to grant a request of the data subject." The GDPR is clear that persons should not be subjected to automated decision-making, and decisions that will have a significant impact on the lives of an individual or a data subject should not be made automatically. This...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Alice-Mary Higgins: I am still concerned because the areas in which automatic decision-making will be used have not been listed. We do not know how many areas may adopt this. With regard to wrongdoing and fraud, I hope we have better safeguards than automatic decision-making and algorithmic methods. Wrongdoing and fraud will continue to be crimes and the processing of data in respect of them is provided for...