Results 7,341-7,360 of 8,482 for speaker:Alice-Mary Higgins

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

Alice-Mary Higgins: I have a question about amendment No. 62. It is the real underlying concern. Does the Minister expect the data protection commission to decline to deal with individual complaints owing to, for example, the volume of work involved? Will he assure us that that will not arise or that he does not see that happening? On amendment No. 52-----

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

Alice-Mary Higgins: Section 124 is part of Chapter 4 on inspection, audit and enforcement. I am signalling that as part of the discussion we had on, for example, the automatic triggering of investigations and others, amendments may be tabled to this section on Report Stage.

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

Alice-Mary Higgins: On section 129, I previously discussed the question of compelling, erasure or suspension of development and I am noting that it might be a section for further amendment, and similarly sections 130 and-----

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

Alice-Mary Higgins: On section 131 and the power of either triggering reports or audits, I am indicating that those are areas on which I may look to make suggestions, if they be compatible with the general data protection regulation, GDPR, on Report Stage.

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

Alice-Mary Higgins: I move amendment No. 80:In page 108, line 27, after “circumstances” to insert “where such a limitation can be clearly justified”. In regard to an investigation, section 132(3) states, "The Commission may define the scope ... of the investigation [but it may] limit the investigation to matters connected with particular circumstances ...", where such a limitation...

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

Alice-Mary Higgins: I move amendment No. 82:In page 111, line 13, after “the” where it firstly occurs to insert “complainant and the”. This amendment deals with the question of who receives the information of an investigation report. I am suggesting that the final investigation report, which is prepared by the Data Commissioner, should not simply be shared with the controller or...

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

Alice-Mary Higgins: I accept the Minister's bona fides in terms of his analysis of it. I still have the concern that in some cases the data controller or the data processor who is being investigated may be a very large and well-resourced entity. That potential imbalance of power is a concern in terms of the individual versus what might be a very powerful or well-resourced data processor or data controller....

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

Alice-Mary Higgins: There is something fundamentally wrong. The rights of the private sector in terms of competition are carefully and preciously guarded, but those of an individual to see to it that there is a consequence when data protection legislation is breached do not seem to carry the same weight and the imposition of fines in this area is not considered to be necessary. We know and have seen the...

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

Alice-Mary Higgins: I will speak specifically to Sinn Féin's amendment which is mild. It does not seek to restore the full, large-scale fines under the general data protection regulation, given that they include fines of 4% of income, turnover and all the rest. It would simply give a power to the commission. I do not believe the commission, as established under the Bill, would be acting frivolously if it...

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

Alice-Mary Higgins: Am I correct in saying funds are paid back into the Exchequer?

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

Alice-Mary Higgins: People might be confused. When fines are paid, they are paid into the Exchequer, as the Minister can confirm. Taxpayers' money is not lost to the public. It may be reissued to the same body but with additional or new conditions attached. While a civil action is one mechanism, it is a very laborious legal route for any individual to take. In many cases, citizens are not looking for large...

Seanad: Order of Business (28 Feb 2018)

Alice-Mary Higgins: Due to the cancellation of our visit to bring Constance Markievicz's portrait to the House of Commons, I am lucky enough to be here and join in giving míle buíochas. I get very nervous when I speak Irish. I will probably speak it more when Senator Ó Clochartaigh is no longer here because I will be less nervous. I have real gratitude for the contribution Senator Ó...

Seanad: Protection of Employment (Measures to Counter False Self-Employment) Bill 2018: Second Stage (28 Feb 2018)

Alice-Mary Higgins: I very much support the Bill. I compliment Senator Nash and the Labour Party on effectively putting forward constructive proposals over recent months. The Competition (Amendment) Act 2017 was recognised by the then Minister, Deputy Mitchell O'Connor, as being positive and she worked with all parties in the House to pass this positive contribution to employment law. A set of measures and...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I want to signal that I may table an amendment on Report Stage to alter some of the language. It will be different to what we have done. I may also address problems with section 54 that arise from this. The Minister has indicated he will be happy to engage with me on this. I want to signal there may be consequent amendments on Report Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: Are they all Government amendments?

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I want to speak very briefly on the section to indicate I am looking at it in terms of potential amendments on Report Stage. The sentiment of the section is very good, in terms of making sure data subjects are not pressed to allow right of access in inappropriate circumstances. I may look to enhance it on Report Stage.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I seek clarification on the section 10 investigations under way at present. As we know, a section 10 investigation is under way by the data commissioner in respect of the public service card and the Department of Employment Affairs and Social Protection. Will the Minister clarify that the investigation under way, or any other investigation that may be under way before the Bill comes into...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I have a complementary point, which is the question of complaints that might have been made under section 10. It seems slightly different rules might apply to complaints, potentially, under the new data commission. There is the question of whether complaints need to be adjudicated on. I want it clarified that the existing Act will apply to any complaints that might be made before the...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I move amendment No. 4a:In page 14, between lines 30 and 31, to insert the following:"(4) The Commission shall have the power to order the suspension or limitation of any specific data processing actions or processes within a public authority when it considers that necessary or expedient during the course of an investigation.". I apologise; I am trying to pull up-----

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (27 Feb 2018)

Alice-Mary Higgins: I ask the House to bear with me for one moment. I am trying to pull up the additional list of amendments in front of me. I do not think I have them in front of me. I apologise. I thought the amendment was in the printed list and I do not have it in front of me. I will speak first to my concern about the section. I want to clarify that the specific powers in respect of the commission in...