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Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 138:In page 135, to delete lines 29 to 31 and substitute the following:"159.The processing of personal data shall be lawful where that processing—(a) consists of the publication of—(i) a judgment or decision of a court, or (ii) a list or schedule of court proceedings or hearings in court proceedings, or(b) is necessary for the purposes of such publication.".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 139:In page 137, line 22, to delete "Article 46(1)" and substitute "Article 46(2)".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: As I mentioned on Committee Stage in the Seanad when we were discussing a similar provision, I am unable to accept this amendment, which would insert a new section into the Bill. The proposed new section would interfere with the operation of Article 34 of the GDPR, which deals with the communication of data breaches to data subjects. As I indicated in the Seanad, it would also cut across...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 143:In page 137, line 35, to delete "Part" and substitute "Act".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 144:In page 138, line 4, to delete "Part" and substitute "Act".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 145:In page 139, line 35, after "the" to insert "Control of". As I said when I was introducing this Bill on Second Stage, the discontinuation of the Data Protection Act 1988 following the entry into force of the GDPR and of this legislation will necessitate the amendment of a significant number of Acts of the Oireachtas. Many of these changes were made during the debate...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 146:In page 140, line 32, to delete "subsection (2)" and substitute "subsections (1)(b), (2) and (3)".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 147:In page 140, between lines 32 and 33, to insert the following:"Amendment of Bankruptcy Act 1988 172. The Bankruptcy Act 1988 is amended by the insertion of the following section:"Restriction of right of access to personal data in certain circumstances 140D. (1) Article 15 (Right of access) of the Data Protection Regulation is restricted to the extent necessary and...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 148:In page 141, between lines 13 and 14, to insert the following:"Amendment of section 13A of Electoral Act 1992 173. Section 13A of the Electoral Act 1992 is amended by the insertion of the following subsection after subsection (3B):"(3C) In addition to any other electoral purpose for which the information contained in the register prepared under section 13, including...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 149:In page 142, between lines 10 and 11, to insert the following:"Amendment of section 24 of the Statistics Act 1993 175. Section 24 of the Statistics Act 1993 is amended—(a) by the substitution of the following subsection for subsection (2):"(2) Without prejudice to the Data Protection Regulation and the Data Protection Act 2018, persons and undertakings may...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 150:In page 142, between lines 10 and 11, to insert the following:"Amendment of section 57B of Irish Aviation Authority Act 1993 175. Section 57B(1) of the Irish Aviation Authority Act 1993 is amended by the substitution of the following paragraph for paragraph (d):"(d) inspect, copy or extract information from any material (including information in any form) or thing...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 151:In page 142, between lines 24 and 25, to insert the following:"Amendment of section 142 of Consumer Credit Act 1995 176. Section 142 of the Consumer Credit Act 1995 is amended—(a) in subsection (2), by the substitution of the following paragraph for paragraph (b):"(b) which relates to information that constitutes personal data to which the Data Protection...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 152:In page 144, between lines 23 and 24, to insert the following:"Amendment of section 9M of the Electricity Regulation Act 1999 179. Section 9M of the Electricity Regulation Act 1999 is amended—(a) in subsection (4), by the substitution of "the Data Protection Regulation or the Data Protection Act 2018" for "the Data Protection Acts 1988 and 2003", and (b) by...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: Just to be clear, I said that we would seek the guidance of the commission as suggested by Deputy Daly and it is within that frame that we will do so.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I can accept amendment No. 115 in the names of Deputies Daly and Wallace.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 122:In page 108, to delete lines 9 to 16 and substitute the following:“(7) The court hearing a data protection action that has been brought, in accordance with section 119, on behalf of a data subject by a body, organisation or association to which subsection (2) of that section applies, shall not award compensation for material or non-material damage suffered.”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: In that case, I withdraw my amendment. I am accepting that it will be defeated.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 124:In page 114, line 5, to delete “subsection (5), subsection (6)” and substitute “subsection (2), subsection (3)”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 130:In page 127, lines 16 and 17, to delete “by whom the data are kept”. This group of amendments are to section 144 of the Bill and are largely of a drafting and technical nature. They arise from a review of the section following receipt of comments from the Office of the Director of Public Prosecutions.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 131:In page 127, line 18, to delete “or any information constituting personal data”.

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