Results 10,081-10,100 of 21,096 for speaker:Charles Flanagan
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I have already quoted the relevant part.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: It deals with the legitimate interest of the controller and provides that "the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest". Any departure from that can be problematic.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: Yes.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I would be happy to explore it further. I have itemised the difficulties with it.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I move amendment No. 32:In page 23, line 31, to delete "and"
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I move amendment No. 33:In page 23, line 33, to delete "Article 25." and substitute "Article 25, and".
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I move amendment No. 34:In page 23, after line 33, to insert the following:"(e) the processing of the personal data of children for the purposes of direct marketing and creating personality and user profiles.".
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: Section 33 of the Bill, which relates to the designation of data protection officers, provides for the possible introduction of regulations that would require additional categories of controllers or processors to appoint data protection officers in accordance with Article 37(4) of the GDPR. Section 33(3) sets out the policies and principles that would apply for the purposes of underpinning...
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: There may be something of a misunderstanding here. The section does not apply to the data protection officers appointed under Article 37 of the GDPR where designation is compulsory. In this section we are only talking about the extension of compulsory categories. Even if the amendment were passed, I am not sure it would have the consequence Deputy Daly believes it would have.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: We are talking about some small business that may be required to engage in some obligations. If we look at Article 37 on the designation of the data protection officer, we are dealing with cases other than those referred to in the section. Examples are associations and bodies that might represent controllers or processors, and micro-businesses.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: The earlier sections deal with the compulsory obligations. Under this section we are dealing with additional categories of controllers, not those who are required to undertake obligations compulsorily under the legislation. It deals with cases in which there will not be obligations immediately under the Act where the State at some stage may wish to extend the application of the Act to...
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: This will not apply where bodies have obligations under the legislation. It is something that may apply at some stage in the future-----
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: -----in terms of extra-----
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I would not expect Deputy Daly to withdraw her amendments before hearing my contribution.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I hope that, having heard my contribution, she will withdraw some of the amendments in this group. I will start with the good news, however. Having regard to the Deputy's contribution and the content of the amendment, I will accept amendment No. 36. However, I am not in a position to accept the other amendments and I will set out the reasons for my decision. On section 35, which deals with...
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: Deputy Donnchadh Ó Laoghaire has said the bar is sufficiently high and that, therefore, we might as well move it a little higher. However, obligations of a serious nature are in place and we need to ensure new obligations under the legislation would be workable and enforceable. If Deputy Jim O'Callaghan says we are running the risk of introducing a lawyer's holiday, I take that-----
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: That is a reasonable point and I am keen to ensure that will not happen. However, a high bar has been set and creating more obstacles in the form of obligations could well result in the scenario painted by the Deputy and of which I am mindful in the context of the amendments.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I move amendment No. 44:In page 26, to delete lines 35 to 38.
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: I will not accept the amendments. The retention of section 37 is not only desirable but it is, to my mind, essential. I thank Deputy O'Callaghan for his support in that regard. This is an area which was the subject matter of some debate in the Seanad. For the same reasons as then, I am not in a position to accept the amendments now. The purpose of section 37 is to underpin data processing...
- Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (2 May 2018)
Charles Flanagan: Am I on my own again?