Results 9,761-9,780 of 21,096 for speaker:Charles Flanagan

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

Charles Flanagan: I move amendment No. 84:In page 62, to delete lines 36 and 37, and in page 63, to delete lines 1 to 18 and substitute the following:“(3) Subject to subsection (4), regulations may be made under subsection (2)—(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 Government...

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

Charles Flanagan: I move amendment No. 85:In page 63, to delete lines 37 to 39, and in page 64, to delete line 1.

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

Charles Flanagan: I move amendment No. 86:In page 76, to delete lines 12 and 13 and substitute the following:“(c) ensure that the data protection officer—(i) reports directly, in relation to his or her functions under subsection (5), to the highest level of management of the controller, (ii) does not receive any instructions regarding the exercise of such functions, and (iii) is involved in an...

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

Charles Flanagan: I remind the Deputy of the amendments that were passed last night which have some significance in the context of the safeguards about which she has spoken. Amendment No. 74 proposes to insert some text at the beginning of subsection (5). It does not appear to be necessary because of subsection (12) as inserted by amendment No. 80, to which we agreed last night. It already provides that any...

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

Charles Flanagan: The essential features of the amendment are already contained in section 56. I am concerned by accepting this amendment that we run the risk of damaging laws put in place to combat fraud and tax evasion. I cannot allow for anything that might conflict these measures. Section 56 makes it clear that these steps must include an arrangement whereby a data subject has the opportunity to make...

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

Charles Flanagan: An opinion under Article 29 will act as a guide on the matter of interpretation of automated processing, including the operation of the section. That is another opportunity for the issues raised by Deputy Clare Daly to be considered. On the one hand, we have sufficient safeguards but, on the other, I would add an opinion under Article 29 which will ultimately assist in the interpretation of...

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

Charles Flanagan: I move amendment No. 63:In page 42, line 5, to delete “persons authorised” and substitute “persons who are or were authorised”. These are minor drafting amendments to sections 54 and 59. They extend the reference to "persons authorised to carry on a profession or other activity" to "persons who are or were authorised". They are minor amendments but nevertheless...

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

Charles Flanagan: I move amendment No. 64:In page 42, to delete lines 22 to 39, and in page 43, to delete lines 1 and 2 and substitute the following:“(4) Subject to subsection (5), regulations may be made under subsection (3)—(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 Government...

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

Charles Flanagan: One of the difficulties is that these amendments were not considered or raised in earlier discussions. In light of the nature of the debate and the number of amendments, I would not be prepared to accept them at this stage having regard to the fact that we did not have an opportunity to examine them in the detail such amendments deserve. The proposal in amendment No. 65 would require...

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

Charles Flanagan: I get no joy from telling Deputies what I cannot do. I would rather say what I can do. We are on Report Stage of what is lengthy and complex legislation. Deputies may be aware that the programme for Government includes legislation entitled the data retention Bill, which is not yet ready. I will look at Deputy Ó Laoghaire's amendments in that context. I know it is not ideal. I may...

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

Charles Flanagan: I move amendment No. 66:In page 43, to delete lines 20 to 28 and substitute the following:“Right of access to results and scripts of examination and results of appeal 55. (1) Subject to subsection (3), a request by a data subject under Article 15 in relation to the result of an examination at which he or she was a candidate, or in relation to a script completed by him or her in the...

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

Charles Flanagan: We considered these amendments on Committee Stage. I have been in contact with the Office of the Attorney General, which has agreed that this section is needed to address a specific problem arising from the strict definition of "consent" in the GDPR. The Deputy is right when he says this issue has arisen during the preparation of legislation in a number of other member states. The Deputy...

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

Charles Flanagan: It is not so much a question of the consent, but of the nature of the consent.

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

Charles Flanagan: During Committee Stage discussions, I undertook to examine proposals to extend the scope of section 43 to include the Re-Use of Public Sector Information Regulations 2005 and the Access to Information on the Environment Regulations 2007. I did examine the matter and I now propose in amendment No. 47 to extend the scope of section 47 to include the Access to Information on the Environment...

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

Charles Flanagan: I move amendment No. 47:In page 37, to delete lines 25 to 28 and substitute the following:“(2) For the purposes of Article 86, personal data contained in environmental information may be disclosed where the information is made available under and in accordance with the Access to Information on the Environment Regulations pursuant to a request within the meaning of those Regulations....

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

Charles Flanagan: I regret that I have been unable to advance matters with Deputies Clare Daly and Wallace since our debate on this issue on Committee Stage when I took the opportunity to explain and put into context the importance of the section. I gave several examples and referred to important statutory enactments such as the Criminal Justice (Money Laundering and Terrorist Financing) Act, under which a...

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

Charles Flanagan: I do not agree with much of what Deputy Clare Daly stated, including her prospects or otherwise of joining any party, much less Fianna Fáil. I will address a couple of points. Deputy Daly made an assertion at the outset while referring to unsolicited text messages. My understanding is that unsolicited text messages are prohibited by law in any event on the basis of e-privacy...

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

Charles Flanagan: It would in effect be prohibited. Regarding section 47 and influences from outside the State or otherwise, the section is clear in that its provisions are confined to electoral activities within the State for elections within the State by a political party registered within the State. It does not cover, nor should it, electoral activity in another state. I stand over the important...

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

Charles Flanagan: I move amendment No. 19:19. In page 33, to delete lines 37 to 39, and in page 34, to delete lines 1 to 19 and substitute the following:"(4) Subject to subsection (5), the processing of personal data which is necessary for the performance of a task carried out in the public interest by a controller or which is necessary in the exercise of official authority vested in a controller may be...

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

Charles Flanagan: I welcome anyone who was born on 1 November, my birth date.