Results 1,521-1,540 of 3,781 for speaker:Lynn Ruane

Seanad: Civil Law (Miscellaneous Provisions) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Lynn Ruane: I move amendment No. 5: 5. In page 27, between lines 24 and 25, to insert the following: “Review (Part 5) 45. The Minister shall, not later than six months following the commencement of this Part and every six months thereafter, oversee a review of the collection and processing of data under this Act, with particular reference to the necessity and proportionality of the continued...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Lynn Ruane: I am happy to withdraw the amendment on the basis of that response.

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

Lynn Ruane: I move amendment No. 1: In page 4, between lines 38 and 39, to insert the following: " 'security of the State’ means the territorial integrity and independence of the State from subversive activities by hostile states and from hostile groups within the State, and the safe and ongoing functioning of sovereign authority and the constitutional system of the State, and the security...

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

Lynn Ruane: To clarify, to be honest, much of that makes sense. For my own understanding, in terms of the decision-making process, is it accurate to say that the Minister of the day would not be making a decision on what the security threat is? The Minister makes the decision on whether the application goes to court for the court to decide.

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...