Results 1,441-1,460 of 3,697 for speaker:Lynn Ruane
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I am happy with those responses.
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I am happy to withdraw amendment No. 1.
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I move amendment No. 4: In page 5, line 35, to delete "a period of one year, or". Amendments Nos. 4 to 7, inclusive, seek to address the retention periods and safeguards in respect of data retention. Currently, the mechanism in the Bill provides for an automatic period of data retention of one year, which may be varied by the Minister or an authorising judge, depending on the type of...
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: To facilitate my understanding, the Minister should correct me if I misrepresent what was said. She said the period of 12 months meets the requirement regarding what is necessary. Does what is necessary entail only an amount of time and not the individual reasons for the holding of the data?
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: So the CJEU ruling relates not to specific reasons or the potential crime but to necessity in terms of time?
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I thank the Minister.
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: Could I have a brief clarification? Does the user-data category also include the likes of a person’s – the acronym has gone out of my head-----
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: Internet protocol, IP, addresses. Does it not include a person’s IP addresses and international mobile equipment identity, IMEI, which obviously involve much more data than a vehicle registration and location? The data are more related to a person’s phone-----
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I am sorry for teasing this out on the floor. I am trying to understand stuff as it is happening. In relation to the idea-----
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: One has to meet that standard or bar.
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: For example, in relation to IP addresses or anything that one associates with one’s phone, etc., the idea is that it is given voluntarily to phone companies rather than State bodies such as Revenue or the Garda. Even though it is voluntarily given, where it is voluntarily given is differentiated a little in terms of it just being general user data that the Garda or Revenue would have...
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I move amendment No. 8: In page 8, line 7, to delete “an” and substitute “a serious”. Amendments Nos. 8 and 11 seek to clarify that data retention powers should only be exercised in respect of serious offences or serious revenue offences. It is important we do not see situations where data privacy rights are being trampled over to tackle minor offences. Once...
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I apologise. We got the groupings quite late and we pre-empted them.
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: We have pre-empted fake groupings here. I will leave it at that, because the rest of what I have to say applies to the next grouping.
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I might be missing something elsewhere in the legislation, but section 5 states: A member of the Garda Síochána not below the rank of superintendent may require a service provider to disclose to that member user data in the possession or control of the service provider— (a) where the member believes that the data relate to a person whom the member suspects, on reasonable...
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: It may be down to how I am interpreting it, but I am concerned that there is an element of pre-emption in the powers being granted under the Bill, even in the case of minor offences. The section refers to suspicion. It is not even a court order. It seems pre-emptive and that it could be used in respect of minor offences. My fear is that it dips over into the idea of powers of surveillance...
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: It does not have to go before a court, however. Basically, a superintendent can make the decision. There is no court hearing. A superintendent can decide to give access to the data, potentially with reasonable grounds and evidence, but there is no court involved. A superintendent can make that decision.
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I know Senator Higgins is waiting to come in, but it is easier to stay on this thread and jump back to her. I understand the point in respect of Schedule 2 data and the seriousness of the threat in terms of a threat to security or the State and all those things. Obviously, that needs to go before a court as that is where the bar needs to be set in that regard. It seems less harmful when we...
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I move amendment No. 9: In page 8, line 13, to delete “preventing,”. Similar content has been covered in the last group of amendment but I will repeat for clarity. Amendments Nos. 9, 10, 12, and 13 would again limit the scope of Garda and Revenue officer powers in respect of “user data”. The Bill currently states that “user data” can be retained...
- Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)
Lynn Ruane: I second the amendment.