Results 7,901-7,920 of 9,163 for speaker:Jack Chambers

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: It is a proportionality test rather than a test of strict necessity. The level of intrusiveness is potentially increased by lowering the threshold. By generalising the scheme of the Bill and not specifically mentioning those who are threatened by the potential intrusiveness of data, does Ms Moore not consider there is a potential increased risk of data usage with the lowering the threshold?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: The Tele2 judgment requires that "the national legislation must be based on objective evidence which makes it possible to identify a public whose data is likely to reveal a link, a least an indirect one, with serious criminal offences, and to contribute in one way or another to fighting serious crime or preventing a serious risk to public security". It does not appear that this requirement...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: The Minister said previously that he was not in position to detail who or which journalists' data had been accessed by bodies since 2011. He said previously that the legislation will clearly define what the circumstances are in which sources could potentially be accessed. With the threshold that has been laid out and by failing to specifically define what the circumstances are, by...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: Does Ms Moore believe the level of protection meets those set out under EU law?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: In a submission made by the Irish Council for Civil Liberties and Digital Rights Ireland, they have said that not only does the general scheme fail to comply with EU law, but the general scheme leaves a fragmented system of oversight in place that does not include key recommendations from the Murray review of data retention and does not adequately reflect the European Convention on Human...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: Why did Ms Moore pick a District Court judge in this instance?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: Is Ms Moore certain that the expertise is there with every District Court judge?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: The Murray report dealt specifically with journalists and the complaints around the 2011 Act. Does Ms Moore accept that by not explicitly providing a defined threshold and by failing to create a higher standard of action for journalists' sources, the legislation, as outlined, is not being held to a high standard?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: The Tele2 judgment states that "access can, as a general rule, be granted, in relation to the objective of fighting crime, only to the data of individuals suspected of planning, committing or having committed a serious crime or of being implicated in one way or another in such a crime". That direct nexus does not seem to be set out in heads 8 and 9.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: It says implicated in a crime.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: There is a contradiction of opinion in that there is significant criticism of those heads, that they do not meet the Tele2 judgment threshold. There is a general concern that, in the drafting of this provision, it has failed to reach the appropriate threshold of protection that underpins the Murray report. While people welcome the drafting and the changes to the legislation, there is still...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: There has been very little consultation?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: What has been said must be controversial.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: Alarms sound so often that people are conditioned not to respond to them.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: I thank the witnesses for their contribution and submission. They mentioned that under EU law and in general jurisprudence, provision is made for certain people in society to have particular privileges around data. Should there be a separate pillar within the scheme and who would they include in that additional protection? The Department tried to provide a generalised scheme without...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: Is Mr. McGarr saying that this does not provide that additional protection?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: Mr. McGarr does not feel the Department has provided that for-----

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: So rather than specifying an additional pillar or particular class of people who deserve a specialised privilege, everyone should have that threshold improved in the context of the general-----

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: Is it fair to say Mr. McGarr feels that the general scheme, as published, falls short of the Murray recommendations?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jack Chambers: Does Mr. McGarr feel that if this Bill was progressed, it could end up back where it all started.