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

Alice-Mary Higgins: I am literally trying to pull up amendment No. 4a.

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

Alice-Mary Higgins: Yes, will the Acting Chairman read it out because I do not have it on my list?

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

Alice-Mary Higgins: I thank the Acting Chairman. I can speak to that and I can also speak to an additional related concern I will raise on Report Stage. The amendment is intended to ensure situations we have seen recently do not arise, for example, the very serious concerns raised by the data commissioner in respect of the roll-out of the public services card, the manner in which it was rolled out and,...

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

Alice-Mary Higgins: I am happy not to press the amendment at this stage but I reserve the right to come back on Report Stage.

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

Alice-Mary Higgins: I would just like to speak briefly and signal that I may suggest other amendments to this section on Report Stage, not in respect of the annual report, but in respect of other reporting by the data protection commission.

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

Alice-Mary Higgins: I welcome this amendment. It is really important and is a key point of clarity. It makes it very clear that the definition of child in this respect is "a person under the age of 18 years". It is a welcome amendment but I would like to signal a real concern which relates to one of the fundamental issues which needs to be addressed in the Bill and with which we need to very seriously engage...

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

Alice-Mary Higgins: I thank Senators McDowell and others for proposing their amendment and acknowledge the amendment I have co-signed with my colleague, Senator Ruane, and the related amendments in this section. I also acknowledge that good, credible evidence, positions, advice and perspectives have been offered by all sides on this matter. I hold the advice given by groups such as the Irish Society for the...

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

Alice-Mary Higgins: I will be brief. It is a valid question and one the Minister might address. It is clear that regardless of what age a child submits, the data provider or information society's provider is still liable to fines. The burden falls on them of fines regardless of what age a child puts in. However, that is around the companies. As to individual vulnerability to predators online, the danger...

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

Alice-Mary Higgins: The Taoiseach will meet them.

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

Alice-Mary Higgins: Perhaps scope might be built into the Bill to accommodate it.

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

Alice-Mary Higgins: Perhaps we can formalise a review process.

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

Alice-Mary Higgins: I wish to speak briefly to this section to signal it is one of the key sections under which some of the issues we have discussed could be addressed. It deals with the designation of data protection officers. I signal that I will focus on this section on Report Stage as one of the key areas where the Minister will perhaps have the capacity to set out particular rules around the roles of...

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

Alice-Mary Higgins: I thank the Minister for that. I believe that, as far as is possible, each organisation should have its own data protection officer but that responsibility should be exercised in very constrained circumstances. It is something to which we can look, given that there is that capacity.

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

Alice-Mary Higgins: It should be an exception rather than the rule.

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

Alice-Mary Higgins: I welcome that the Minister is happy to engage with myself and Senator Ruane around those protection of children areas. However, I highlight, as part of that discussion, that under Article 6.1(f) of the GDPR, which is one of those key areas where the protection of the child is weighted against the interests of a data controller and it relates back to this data protection issue, it is of...

Joint Oireachtas Committee on Social Protection: Public Services Card: Discussion (Resumed) (22 Feb 2018)

Alice-Mary Higgins: For clarification, before we go into full discussion, I know that SAFE 2 is a system that the Government has chosen to set up and is not an international system. It might be useful for Mr. Duggan to specify exactly what the difference is between, say, the passport and driving licence-----

Joint Oireachtas Committee on Social Protection: Public Services Card: Discussion (Resumed) (22 Feb 2018)

Alice-Mary Higgins: I hope there will be a second round of question, but I will try to focus. Others have spoken about a person having no more and no less than what is required to satisfy the Minister as to his or her identity. Perhaps the delegates might specify why, for example, a passport or a driving licence cannot satisfy the Minister as to a person's identity? Is it not really the case that this is...

Joint Oireachtas Committee on Social Protection: Public Services Card: Discussion (Resumed) (22 Feb 2018)

Alice-Mary Higgins: It is crucial to get this right. In the Data Protection Bill which is before the Houses huge discretion is given to Ministers to provide for exemptions from the GDPR following consultation with the Data Protection Commissioner. If, following that consultation, Ministers are to disregard data commission infrastructure, we will have to be very concerned about the GDPR. It is crucial to get...

Joint Oireachtas Committee on Social Protection: Public Services Card: Discussion (Resumed) (22 Feb 2018)

Alice-Mary Higgins: Could the witness also deal with the data-sharing agreements, which I understand is the current basis used between the Department of Public Expenditure and Reform and the Department of Employment Affairs and Social Protection? I understand concern has been expressed that there have been legal lapses where that data-sharing agreement has been in place and there have been gaps when it has been...

Joint Oireachtas Committee on Social Protection: Public Services Card: Discussion (Resumed) (22 Feb 2018)

Alice-Mary Higgins: Did she not initiate the investigation following the responses?

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