Results 7,021-7,040 of 8,196 for speaker:Alice-Mary Higgins

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...

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

Alice-Mary Higgins: Let me indicate that I foresee this issue arising again. Members of the Oireachtas know the difficulties that many citizens, particularly vulnerable citizens, in the State will have in navigating bureaucracy. I accept that the way I framed amendment No. 27 may not be acceptable to the Minister, but I put it to him that I believe he will see a re-emergence of this concern in respect of...

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

Alice-Mary Higgins: Section 52 touches on some of the issues we already discussed when dealing with section 42. I wish to indicate that I may table amendments to ensure we have clarity on what kinds of direct marketing and on the uses of the electoral register. I am not necessarily seeking to preclude such use but to make sure we have clarity on the issue.

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

Alice-Mary Higgins: I wish to indicate that I may table amendments to section 53, related to the topics already discussed.

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

Alice-Mary Higgins: I move amendment No. 29:In page 34, to delete lines 28 to 30, and substitute the following:“12 to 22 are restricted to the extent specified in subsection (3).”. I will speak to all the amendments together. Basically section 54 relates to the restriction of the exercise of the data subject rights. Data subject rights are the core reason we have the General Data Protection...

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

Alice-Mary Higgins: I thank the Minister for the fact that he has indicated that he is willing to work with Senator Ó Donnghaile and me on some of the sections in this area. I note that while the Minister has rightly pointed out that there are circumstances in which these measures may protect, nonetheless the very titling of this section is a restriction on exercise of data subject's rights, so it is a...

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

Alice-Mary Higgins: Perhaps a proportionality test might be appropriate with regard to that.

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

Alice-Mary Higgins: I will withdraw it and reserve the right to reintroduce it.

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

Alice-Mary Higgins: I move amendment No. 35:In page 37, line 25, to delete "the essence of". I initially tabled these amendments because I was concerned that the phrase "the essence of" of data protection as opposed to data protection could be perceived as saying that regulations should respect the essence of the right to data protection. It seemed to be cleaner that they would respect the right to data...

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

Alice-Mary Higgins: I reserve the right to reintroduce it.

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

Alice-Mary Higgins: I move amendment No. 37:In page 44, line 9, to delete “resulting from specific technical processing”. I am withdrawing the amendment and reserving the right to reintroduce it on Report Stage.

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

Alice-Mary Higgins: I will not delay matters. Most of the amendments are fine and I will not even oppose amendment No. 45 but I note that it relates to section 85 (4) which provides for an exception to where a data subject has a right to information from a controller. It states that the right to information does not apply where the information is already in the possession of the data subject or where "in the...

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

Alice-Mary Higgins: I wish to indicate that I may bring forward amendments to section 67 on Report Stage.

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

Alice-Mary Higgins: I wish to indicate that I may bring forward amendments to section 71 on Report Stage as it relates to automatic processing.

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

Alice-Mary Higgins: I wish to speak to the section.

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

Alice-Mary Higgins: The amendment relates to the processing systems, as do many of sections 71 to 79, inclusive. I note that, as was indicated earlier in the debate, there may be scope for the introduction of additional standards that are complementary but not contrary to the GDPR in regard to such sections. In respect of these sections where specific measures are set out, I intend to look to how we may be...

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

Alice-Mary Higgins: I move amendment No. 43:In page 63, between lines 34 and 35, to insert the following:“(9) Should a data subject request information in relation to a personal data breach which affects them they have the right to be provided with all the pertinent information in respect of that breach and nothing in subsection (2), (4) or (6) shall place a restriction on their access to that...