Results 9,981-10,000 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: I move amendment No. 107:In page 46, to delete lines 19 and 20.

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

Charles Flanagan: I move amendment No. 108:In page 47, line 27, to delete “States” and substitute “states”. There are six amendments that are minor drafting amendments.

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

Charles Flanagan: I move amendment No. 109:In page 51, line 37, after “matters,” to insert “and”.

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

Charles Flanagan: I move amendment No. 112:In page 55, line 12, to delete “Where” and substitute “Other than where section 90 applies, where”. These are drafting amendments to section 71(4) which is intended to ensure coherence between this section and the later section 90 to which mention is made in section 71(4)(b).

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

Charles Flanagan: I move amendment No. 113:In page 55, line 17, to delete “is restricted in accordance with section 90” and substitute “is restricted, as may be appropriate”.

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

Charles Flanagan: I move amendments No. 114:In page 58, line 23, to delete “and processor” and substitute “and a processor”. Section 77 imposes an obligation on data controllers operating under Part 5 of the Bill to have a detailed contract with any processor that carries out data processing activities on their behalf. The intention is to ensure the controller retains overall...

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

Charles Flanagan: I move amendment No. 115:In page 58, line 35, after “processor” to insert “(in this section referred to as a “secondary processor”)”.

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

Charles Flanagan: I move amendment No. 116:In page 59, to delete lines 16 to 25 and substitute the following:“(4) Where a controller gives an authorisation, whether specific or general in nature, to a processor, including a secondary processor (in this section referred to as “the procuring processor”) to procure the services of a secondary processor, the procuring processor shall...

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

Charles Flanagan: I move amendment No. 117:In page 64, lines 34 and 35, to delete “data protection breach” and substitute “personal data breach”.

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

Charles Flanagan: I have a problem with the clarity of the issue. As I mentioned in the Seanad when dealing with a similar amendment, I am unable to accept an amendment which would insert a new subsection (9) in section 84. Under section 84 there is already an obligation on a controller to inform a data subject where there is a high risk to the data subject's rights and freedom arising from a breach. In...

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

Charles Flanagan: I move amendment No. 119:In page 66, lines 17 and 18, to delete “A controller, other than an independent judicial authority acting in its judicial capacity,” and substitute the following:“A controller, other than— (a) a court, or (b) another independent judicial authority, acting in its judicial capacity,”. This is a technical amendment. The revised...

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

Charles Flanagan: It is my firm belief that a more effective remedy already exists in law, namely, the 2014 Act, section 7 of which deals with the issue in a comprehensive way. I am satisfied that it provides an effective remedy where a data protection officer is experiencing difficulty in the performance of his or her functions. An important thing to take into account is the fact that a data protection...

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

Charles Flanagan: Having considered the matter and engaged in consultation, it appears the intended exclusion of Forensic Science Ireland from the provisions of chapter 4 of Part 5 is not required.

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

Charles Flanagan: Amendment No. 126 is not needed because paragraph (f) of subsection (2) imposes an obligation on the controller to provide further information to a data subject to enable him or her to exercise his or her Part 5 rights. As regards amendment No. 127, section 89 gives effect to Article 14 of the directive. Rights relating to automated data processing, including profiling, are set out...

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

Charles Flanagan: I move amendment No. 128:In page 71, line 23, to delete “sections 91(4)(ii) and 92” and substitute “section 91(4)(ii)”.

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

Charles Flanagan: I move amendment No. 129:In page 71, line 35, to delete “sections 91(4)(ii) and 92” and substitute “section 91(4)(ii)”.

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

Charles Flanagan: I move amendment No. 130:In page 76, line 4, to delete “privilege.” and substitute “privilege;” The new paragraph (j) is inserted in subsection (3) of the section in order to protect investigations, inquiries and prosecutions undertaken by the data protection commission into alleged infringements of the law enforcement directive, including data breaches. It...

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

Charles Flanagan: I move amendment No. 131:In page 76, between lines 4 and 5, to insert the following:“(j) the performance by the Commission of its functions.”.

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

Charles Flanagan: I move amendment No. 132:In page 82, line 39, to delete “an independent judicial authority acting in its judicial capacity” and substitute “the courts when acting in their judicial capacity”. Amendment No. 132 is a drafting amendment that clarifies that the data protection commission shall be competent to supervise the data processing operations of all bodies...

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

Charles Flanagan: Sections 103, 107, 108, 109, 111, 120 and 121 deal with the complaints handling process, which is both streamlined and comprehensive. I will focus on the key amendments. As regards Deputy Ó Laoghaire's amendment No. 137 and Deputy O'Callaghan's amendment No. 138, both of which would replace section 107(1), I have a serious problem with the introduction of a discretion on the part of...