Results 10,781-10,800 of 21,096 for speaker:Charles Flanagan

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I would not like the record to remain unaltered in that our positive and constructive relationship started some time ago.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: The short answer to Senator Higgins is that I will not accept her amendment, minor and all as she suggests it is. Actually, she used the word "small", which is somewhat different. I would be pleased to give it further consideration and see how we can meet each other on Report Stage, but I will not accept it as currently drafted. Amendment No. 15 proposes the deletion of section 34(1). I...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I have listened carefully to what Members said on these issues and I agree that we should give the matter due and full as well as careful consideration, but I am concerned that these issues of considerable importance will be decided in the legislation. Aspects of the amendments are far-reaching. The importance of the text is influenced by a recent recommendation of Joint Committee on...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Senator Conway made several important points. There are issues in the context of the Bill that require careful scrutiny along the lines he suggests. As regards amendment No. 21, I listened carefully to the consideration given by its proposer, Senator Higgins, and, on reading section 42(a), (b) and (c), I do not see where there is any legal basis for the sharing of personal data revealing...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Yes.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I do not see where such a facility exists in any part of the legislation, particularly this paragraph.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I accept that there is some justification for the proposal to insert a reference to proportionality here in section 45 and maybe even some other consequential sections. If Senators agree, I will revisit this on Report Stage, having regard to what Senator Ó Donnghaile has said. There are a number of other sections where the same issue of proportionality arises that I probably need to...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Amendment No. 23 seeks to insert paragraphs into section 45 and amendment No. 36 seeks to insert the same paragraphs into section 54, which is why we are taking them together. The position here is that the imposition of a statutory duty on the Data Protection Commissioner to conduct an impact assessment on regulations to be made under section 45(2) is in conflict with article 36(4) of the...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: My concern is the unintended consequences of the deletion of section 51(b)(ii), which is the import of the amendment. An example of a consequence that I am sure is unintended is it would facilitate wrongdoing and fraud. Section 51 gives further effect to Article 22 of the GDPR, which deals with automated processing of personal data, including profiling. Paragraphs 2(a) and (c) have direct...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: This amendment does not require any great discussion.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Perhaps we will take the six amendments together and then I will respond. Alternatively I can respond now.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Yes.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I appreciate that. I did indicate already that I would revisit it, and I will. These amendments to section 54 give effect to Article 23 of the GDPR. I accept that there has been some public commentary about this section which, in many respects, has involved some misunderstanding as to the likely impact it will have. The overall purpose of this section is to offer protection to the public....

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I do not really see any need to amend the matter of safeguarding the economic or financial interests of the European Union or the State on the matter of important financial or taxation issues.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I think there are other sections of the Bill that will deal adequately with that. I would be prepared to accept what the Senator said in respect of international protection and immigration issues.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Senator Higgins has answered her own question. The words "the essence of" are included in the corresponding provisions of the GDPR so excluding the words in these sections would create an unacceptable divergence between the GDPR and the provisions in Part 5 in terms of the transposition of the directive. These words are used to convey the idea that the essential, appropriate, necessary and...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: These are drafting amendments that speak for themselves.They are being proffered to ensure consistency with the corresponding provisions in Part 3. There are no real changes to the substance of the legislation and I am unsure of the extent to which the amendments require debate.

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Part 5 of this Bill, which deals with criminal justice bodies, does not relate to the HSE or the Department of Employment Affairs and Social Protection. It is concerned with a breach on the part of a criminal justice body, such as the Office of the Director of Public Prosecutions or the Irish Prison Service. This section of the Bill places a clear obligation on the data controller to inform...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: I take the Senator's point and appreciate her decision not to press this amendment at this stage. If a data breach involves a high risk for the subject, of course that person must be provided with all the appropriate and relevant information. He or she may even come back and request further information if that is deemed appropriate. If the breach involves little or no risk and is a matter...

Seanad: Data Protection Bill 2018: Committee Stage (Resumed) (6 Mar 2018)

Charles Flanagan: Yes.