Results 9,961-9,980 of 21,096 for speaker:Charles Flanagan

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: Section 54 gives further effect to Article 22 of the GDPR, which deals with the automated processing of personal data including profiling. Paragraphs 2(a) and (c) of Article 22, which have direct effect, permit automated processing, including profiling, where it is necessary for entering into, or the performance of, a contract between a data subject and a controller and where the data...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I refer again to section 54 and to section 51, which require that any automated processing must be authorised or required by, or under, an enactment. Further, it requires that the effect of any decision is either to grant a request of the data subject or that adequate steps have been taken to safeguard the interests of the data subject. This covers the points raised by Deputy Clare Daly and...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: On section 55 and direct marketing for the purposes of Article 21, the reason for excluding direct mailing from direct marketing in these cases is that the enhanced right to object to direct marketing activity should not apply to direct mailing for these purposes. This exception is based on the idea that citizens not only have rights but also obligations to inform themselves as part of their...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I am surprised that members see this section as new or novel. The Data Protection Act 1988 contains reference to direct marketing and direct mail. Much of this is subjective on the part of the recipient. All Members have seen signs stating "no junk mail" in the course of canvassing. Such a sign is an objection in itself. However, I recall more than one occasion on which I did not leave a...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I am inclined to accept what Deputy O'Callaghan has stated on the section. There is a practical issue in terms of day-to-day activities and people have the right to object. People exercise that right at the ballot box.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: Deputy Wallace mentioned Article 21. A strict reading of the right to object indicates that it is subject to compelling and legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. I believe that the effective operation of our democratic system depends on the right of those...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: Of the 12 amendments in the group, six are in my name. The purpose of section 57 is to protect the public and other objectives of general public interest. I state categorically that it does not restrict, nor will it be used to restrict, the data protection rights of citizens. For example, the Medical Council or the Property Services Regulatory Authority may have good reason to investigate...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: In response to an issue raised by Deputy O'Callaghan in respect of amendment No. 85, removing reference to judicial independence and court proceedings, that provision in fact reappears in amendment No. 195, which is probably more appropriate. It provides that, "The rights and obligations ... are restricted to the extent that the restrictions are necessary and proportionate to safeguard...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 86:In page 37, to delete lines 8 to 10 and substitute the following:“(2) Subsection (1) is without prejudice to any other enactment or rule of law which restricts the rights and obligations referred to in that subsection.”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 87:In page 37, lines 14 and 15, to delete “judicial independence and court proceedings,”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 89:In page 37, to delete lines 39 to 41 and substitute the following:“(c) the personal data concerned are kept—(i) by the Commission for the performance of its functions, (ii) by the Information Commissioner for the performance of his or her functions, or (iii) by the Comptroller and Auditor General for the performance of his or her functions.”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 98:In page 42, to delete lines 33 to 39, to delete pages 43 and 44, and in page 45, to delete lines 1 to 7 and substitute the following:“(1) Notwithstanding subsection (1)of section 8, the Data Protection Act 1988 (Section 2A) Regulations 2013 (S.I. No. 313 of 2013) and he Data Protection Act 1988 (Section 2A) Regulations 2016 (S.I. No. 220 of 2016) shall, in...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 99:In page 45, lines 8 and 9, to delete “, subject to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects,”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 100:In page 45, between lines 19 and 20, to insert the following:“(8) The Regulations of 2011 are amended—(a) in Regulation 3, by the substitution of “Subject to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects, processing” for “Processing”, (b) in Regulation 4, by the...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 101:In page 45, lines 21 and 22, to delete “and subject to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 102:In page 45, between lines 32 and 33, to insert the following:“(9) The Regulations of 2015 are amended—(a) in Regulation 2, by the substitution of “Subject to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects, the processing” for “The processing”, and (b) by the...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 103:In page 45, lines 34 and 35, to delete “and subject to suitable and specific measures to safeguard the fundamental rights and freedoms of data subjects”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 104:In page 46, between lines 7 and 8, to insert the following:“(10) The Regulations of 2016 are amended—(a) in Regulation 2, by the substitution of “Subject to suitable and specific measures to safeguard the fundamental rights and freedoms of data subjects, the processing” for “The processing”, and (b) by the insertion of the...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 105:In page 46, line 10, to delete “Health Regulations” and substitute “Data Protection Health Regulations”.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 106:In page 46, between lines 11 and 12, to insert the following:“ “Data Protection Social Work Regulations” means the Data Protection (Access Modification) (Social Work) Regulations 1989 (S.I. No. 83 of 1989).”.