Results 9,741-9,760 of 21,096 for speaker:Charles Flanagan

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

Charles Flanagan: Chapters 2 and 3 of Part 6 contain key sections dealing with enforcement of the GDPR and the directive, respectively. Sections 108 and 121 are key sections dealing with the handling of complaints by the commission. As I said earlier and on Committee Stage I fear there may be some misunderstandings about how they will operate. So, at the outset, I will briefly run through the complaints...

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

Charles Flanagan: I will make a point about the payment of compensation. It is only in the event of the not-for-profit organisation bringing the action that compensation would not be forthcoming. In other cases relating to other aspects of the legislation, an individual can claim and be awarded compensation. I do not accept the amendments because of the fundamental change that would be made to our civil...

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

Charles Flanagan: I move amendment No. 95:In page 82, line 12, to delete “the data subject” and substitute “subject to section 93, the data subject”.

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

Charles Flanagan: I move amendment No. 96:In page 84, line 20, to delete “in”. Amendments Nos. 96 to 99, inclusive and Nos. 136, 139, 143 and 144 are all Government amendments with regard to sections 92, 101, 102, 132, 156, 162, 164 and 165. I put it to Deputies that these are minor drafting changes across a number of sections and merely include corrections to cross references that were probably...

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

Charles Flanagan: I move amendment No. 97:In page 92, line 39, to delete “to”.

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

Charles Flanagan: I move amendment No. 98:In page 93, line 12, to delete “subsection (1)(a)” and substitute “subsection (2)(a)”.

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

Charles Flanagan: I move amendment No. 99:In page 93, line 17, after “infringe” to insert “the”.

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

Charles Flanagan: I assure Deputy Daly that-----

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

Charles Flanagan: Deputy Wallace is a witness anyway. No confidence tricks could be part of-----

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

Charles Flanagan: Maybe the question mark is over Deputy Wallace.

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

Charles Flanagan: The purpose of amendments Nos. 100, 114 and 117, as tabled by Deputies Clare Daly and Wallace, is to allow not-for-profit bodies, organisations and associations to exercise data subject rights on behalf of individuals before the Data Protection Commissioner and the courts but without the permission or agreement of those individuals. That would amount to an extraordinary change in our law. ...

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

Charles Flanagan: I note the points made by Deputy O'Callaghan. I am of the view that my amendments Nos. 86 and 89, by and large, deal with the issues raised by Deputies Wallace and Clare Daly on Committee Stage and would obviate the need to proceed any further with amendments Nos. 87, 88, 90 and 91. I have gone as far as I can on this matter. The issues raised on Committee Stage were not insignificant...

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

Charles Flanagan: I move amendment No. 89:In page 76, after line 38, to insert the following:"(d) acting as the contact point for data subjects with regard to all issues related to the processing of their personal data and to the exercise of their rights under this Part;".

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

Charles Flanagan: I move amendment No. 93:In page 78, lines 9 to 11, to delete all words from and including "data;" in line 9 down to and including line 11 and substitute "data.". This is a drafting amendment which deletes subparagraph (iv) of section 89(2)(f) as it repeats text included in the introductory text of paragraph (f). On amendment No. 94, section 90 gives effect to Article 14 of the directive. A...

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

Charles Flanagan: I do not accept Deputy Clare Daly's point that Government amendment No. 93 may bring about changes to amendments that were accepted on Committee Stage. There is a duplication of text in section 89(2)(f)(iv), which reads, "such further information as necessary to enable the data subject to exercise his or her rights under this Part". This text is included in the beginning of section...

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

Charles Flanagan: On the point made by the Deputy about the regulations and, for example, her first point about an adopted child and the information sought, the matter will be debated in the House at the time in specific terms, rather than in less specific terms now. My advice and view on it are that we wait for the regulations, the contents of which we will be obliged to debate fully. At the time we will be...

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

Charles Flanagan: I move amendment No. 76:In page 46, line 16, to delete “persons authorised” and substitute “persons who are or were authorised”.

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

Charles Flanagan: I move amendment No. 78:In page 47, between lines 19 and 20, to insert the following:“(n) safeguarding the integrity and security of examinations systems;”.

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

Charles Flanagan: I move amendment No. 80:In page 47, to delete lines 27 to 40, and in page 48, to delete lines 1 to 10 and substitute the following:“(9) Subject to subsection (10), regulations may be made under subsection (5) or (6)—(a) by the Minister following consultation with such other Minister of the Government as he or she considers appropriate, or (b) by any other Minister of the...

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

Charles Flanagan: I move amendment No. 83:In page 59, to delete lines 18 to 20 and substitute the following: “(a) that occurs in the course of an activity falling outside the scope of the law of the European Union, (b) by an institution, body, office or agency of the European Union, or (c) to which section 8(1)(b) applies.”.