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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.

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Lynn Ruane: I second the amendment.

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Lynn Ruane: I move amendment No. 14: In page 37, between lines 5 and 6, to insert the following: “Protection of journalistic sources 7E.(1) Sections 6B, 6D, 6E, 7B, and 7D shall not apply in the case of data belonging to a journalist, and no powers may be exercised in respect of the retention, preservation or disclosure of data of a journalist as a matter of urgency, without relevant...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Lynn Ruane: We are on Committee Stage. I do not think we need a seconder, just for efficiency and time.

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Lynn Ruane: Amendment No. 14 seeks to insert a new section into the Bill which would provide additional protection in respect of data journalists. It would provide for the non-application of certain sections of the Bill in respect of journalists' data, specifically the sections which provide for the use of emergency powers in respect of data retention. Certain sections of the Bill, for example, the...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Lynn Ruane: I thank Senator Ward and the Minister. They have made a valid point on how to define the online space. This is where it stings us as Opposition Senators that we are doing all Stages together. We recognise there is an issue and if there was time in between the Stages we would have been able to work together to ensure that perhaps we could look at and sensitively handle what the definition...

Seanad: Higher Education Authority Bill 2022: Report Stage (12 Jul 2022)

Lynn Ruane: I move amendment No. 1: In page 13, to delete lines 33 and 34 and substitute the following: “ “student union” means an independent and self-governing body, elected by students in a higher education institution, that is established for the purpose of promoting the general interests of students of a designated higher education institution, and of representing students,...

Seanad: Higher Education Authority Bill 2022: Report Stage (12 Jul 2022)

Lynn Ruane: Amendment No. 1 specifically defines a student union as an independent body elected by students. The electoral mandate is the key element here, not the recognition of a particular Minister or a governing authority. We spoke about this in detail last week but it remains an unanswered and fundamental point. If we say external recognition of a students' union has more weight legally, rather...

Seanad: Higher Education Authority Bill 2022: Report Stage (12 Jul 2022)

Lynn Ruane: I thank the Minister and his office for their engagement and for the detailed email response to many of the amendments, which has been helpful. When he indicated the definition would be detrimental, is that purely because it would be out of line with that in the sectoral legislation? In the context of what is the best possible definition of a student union, if making it out of line with...

Seanad: Higher Education Authority Bill 2022: Report Stage (12 Jul 2022)

Lynn Ruane: I move amendment No. 2: In page 13, between lines 36 and 37, to insert the following: “ “United Nations Sustainable Development Goals” means the United Nations Sustainable Development Goals 1 to 17 set out in the document entitled “Transforming our World: The 2030 Agenda for Sustainable Development, published by the UN Department of Economic and Social...

Seanad: Higher Education Authority Bill 2022: Report Stage (12 Jul 2022)

Lynn Ruane: The amendment proposes to insert a definition of the UN sustainable development goals into the Bill.I propose this amendment because in subsequent amendments Senator Higgins references the SDGs and, given Ireland has signed up to these, it is important that we reflect our international obligations in how the higher education sector functions into the future. I urge the Minister to accept...

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