Results 7,201-7,220 of 9,252 for speaker:Jim O'Callaghan

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I will wait to hear what the Minister has to say first.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: The thinking behind these amendments is, in part, based on what has been told us by the chairperson of GSOC, namely, that a lot of complaints come in at a very low level and her preference would be that those complaints, which are work-related complaints, be dealt with by senior officers of the garda against whom the complaint is made. The intention was to give the commission some leeway to...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 135:In page 86, line 8, to delete “Article 77(2)” and substitute “Article 77(1)”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Deputies Wallace and Daly have tabled a significant amendment. The consequence of it would be that, if someone's data were breached and he or she did not want to make a complaint or take an action, a not-for-profit body could take an action on his or her behalf. It is very unusual in Irish law that someone might be able to take an action or make a complaint on behalf of an individual when...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 138:In page 87, to delete lines 5 to 8, and substitute the following:“107. (1) For the purposes of section 106(2)(a), the Commission shall investigate, to the extent appropriate to ensure compliance with a relevant enactment and to identify any infringement thereof, the subject matter of the complaint unless the Commission is of the opinion that it is frivolous or...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 140:In page 87, line 9, after “Commission,” to insert “with the consent of the parties concerned,”. I shall consider the amendment again on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 141:In page 87, to delete lines 13 to 15. I shall consider the amendment again on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 144:In page 87, delete lines 23 to 28, and substitute the following:“(a) reject the complaint if, in the opinion of the Commission, it is frivolous or vexatious; (b) dismiss the complaint if, in the opinion of the Commission, there has not been an infringement of a relevant enactment; (c) if the Commission is of the opinion that a person has contravened or is...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 145:In page 87, to delete lines 36 and 37. I shall consider the amendment again on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 146:In page 87, lines 38 to 39, to delete all words from and including “as” on line 38 down to and including “considers” on line 39 and substitute “to the extent”. I shall consider the amendment again on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 147:In page 88, line 5, to delete “section 107(5)(e)” and substitute “section 107(1)”. I shall consider the amendment again on Report Stage.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 159:In page 95, lines 7 to 10, to delete all words from and including “examine” on line 7 down to and including “appropriate.” on line 10 and substitute the following:“investigate to the extent appropriate to ensure compliance with a relevant provision and to identify any infringement thereof, the subject matter of the complaint unless...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 161:In page 95, line 11, after "Commission," to insert "with the consent of parties concerned,". I will withdraw the amendment now as the section deals with it adequately but I may return to this on Report Stage, along with amendments Nos. 164 to 167, inclusive.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: It is a fair point.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I move amendment No. 180:In page 111, to delete lines 1 to 4. On reflection, I think the commission should be entitled to define the scope and terms of an investigation that it considers fit to be carried out. I will withdraw this amendment on that basis.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I intend to push amendment No. 181, which relates to investigation reports. This section of the Bill does not state that an investigation report should be given to the complainant. It simply provides that such a report should be given to the processor or controller. I think the complainant should also get a copy of the report. Amendments Nos. 181 to 184, inclusive, are being proposed to...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I will push the other amendments.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: The Minister of State's point is valid in so far as it relates to a draft report, but I do not think it is valid in the case of a final report. Unfortunately, section 137 links the draft report and the final report. I will wait to hear what Deputy Wallace has to say.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: Okay. I will come back to this matter on Report Stage. I think the complainant should be given some access to a final report. Perhaps the Minister of State will try to consider that in advance of Report Stage. I can understand why a complainant might not be entitled to a draft report, but I see no basis for providing that a complainant should not be entitled to the final report.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: I think the argument that a complainant should not be allowed to get a draft report has some validity. I appreciate that the processor or controller is entitled to look at a draft report and point out what is wrong with it in advance of the completion of the final report. Rather than pushing these amendments now, I will consider them again in advance of Report Stage. I ask the Minister of...