Results 7,301-7,320 of 8,482 for speaker:Alice-Mary Higgins

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...

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.