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Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: Yes.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 38: In page 48, between lines 33 and 34, to insert the following: “(b) setting out rules regarding the precedence of the decisions of An Coimisiún na Meán over the decisions of the Commission in the event of disagreement over decisions made or other steps taken by the Commission and Coimisiún na Meán in so far as any part of those decisions...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 39: In page 49, between lines 7 and 8, to insert the following: “(4) Where inconsistencies occur between decisions made or other steps taken by the Commission and Coimisiún na Meán in so far as any part of those decisions or steps relates to the Digital Services Regulation, the decisions of An Coimisiún na Meán shall be deemed to take...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 40: In page 49, between lines 23 and 24, to insert the following: “Report on inconsistencies in decisions of An Coimisiún and the Commission 46.(1) The Minister shall, within two years of the passing of this Act and biennially thereafter, conduct a review of the operation of cooperation agreements under section 45, with particular regard to any...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 41: In page 50, line 39, to delete “may” and substitute “shall, within 12 months of the passing of this Act,” This amendment relates to the powers that sit with the Minister of the day in the context of the processing of special categories of personal data. The GDPR recognises that there are categories of sensitive personal data in respect...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I accept that the intention is there in terms of the operations. It is going back to the same issues we flagged earlier, such as proxy markers and how sensitive information might be used. I am thinking here of biometric data. The State has not always had a great record in processing this. The State has fallen short in the handling of special and sensitive personal data in the past....

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 42: In page 50, line 40, after “section” to insert “, and may prescribe further suitable and specific measures from time to time”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 43: In page 57, line 6, to delete “may” and substitute “shall”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 44: In page 62, between lines 35 and 36, to insert the following: “(c) any previous decisions by other Member State competent authorities in respect of similar or comparable investigations,”. Is this a stand-alone amendment or is it grouped?

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: The amendment relates to a theme similar to that which will emerge in subsequent amendments. It aims to ensure that in the process undertaken by the commission there would be consideration of decisions previously made by other member state competent authorities in respect of similar or comparable investigations. It is important to acknowledge and learn as we move forward. I was very active...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I am glad the Minister of State has spoken with such strong intention with regard to proper resourcing and appreciate that each decision must stand on its own evidence. Much as in every legal case, however, although it all stands on its own evidence, there is a level of looking to and learning from relevant information that informs the decision. It is not about being bound by previous...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 45: In page 63, line 26, after “decision” where it secondly occurs to insert the following: “, if the Commission can reasonably conclude that the decision ensures compliance with the Digital Services Regulation”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 46: In page 63, line 26, after “decision” where it secondly occurs to insert the following: “, if the Commission can reasonably conclude that a new investigation would not result in improved compliance with the Digital Services Regulation”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 47: In page 63, line 26, after “decision” where it secondly occurs to insert the following: “, if the Commission can publish a written rationale which reasonably demonstrates that the decision ensures compliance with the Digital Services Regulation”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 48: In page 63, line 26, after “decision” where it secondly occurs to insert the following: “, if the Commission can publish a written rationale which reasonably demonstrates that a new investigation would not strengthen compliance with the Digital Services Regulation”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 49: In page 63, line 26, after “decision” where it secondly occurs to insert the following: “, only if, where the decision relates to providers of VLOPs or VLOSEs, the Commission can publish a written rationale which reasonably demonstrates that the decision ensures compliance with the Digital Services Regulation”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 50: In page 63, line 26, after “decision” where it secondly occurs to insert the following: “, only if, where the decision relates to providers of VLOPs or VLOSEs, the Commission can publish a written rationale which reasonably demonstrates that a new investigation would not strengthen compliance with the Digital Services Regulation”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 51: In page 67, between lines 26 and 27, to insert the following: “(p) any previous determinations by other Member State competent authorities;”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 52: In page 71, line 11, to delete “may” and substitute “shall”.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Alice-Mary Higgins: I move amendment No. 53: In page 73, line 22, to delete “may” and substitute “shall”.

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