Results 7,041-7,060 of 8,212 for speaker:Alice-Mary Higgins

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...

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

Alice-Mary Higgins: I welcome the Minister's clarification of the scope of the potential application of this section. I continue to have concerns about the right of an individual to know that there has been a breach. A data breach is not normal processing - a data breach is a breach that is outside normal or appropriate processing; for example, where there has been improper or inappropriate sharing of a...

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

Alice-Mary Higgins: I ask the Minister to note that the question of encrypted data also arises in this context. A great deal of data in the area of criminal justice and policing is necessarily encrypted. It would be unfortunate if that served to deny an individual who is affected by a data breach the right to information relating to such a breach.

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

Alice-Mary Higgins: I accept the Minister's points for now. Maybe we can come back to this issue.

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

Alice-Mary Higgins: I wish to advise that I may return to section 86 at Report Stage.