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

Niall Ó Donnghaile: I never question the bona fides of the Minister. This amendment seeks to ensure that further protection is put in place because it is our view, with the greatest respect to the Minister, that this grants him too much discretion and power. I will reflect on what he said and will withdraw the amendment, with a view to bringing it back on Report Stage.

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

Niall Ó Donnghaile: I move amendment No. 16:In page 28, between lines 12 and 13, to insert the following:“38.(1) No application to access data processed for journalistic purposes may be made by any party, including, for the avoidance of doubt, an authorised officer, An Garda Síochána, the Garda Síochána Ombudsman Commissioner, the Revenue Commissioners or the Defence Forces, except by...

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

Niall Ó Donnghaile: I am reluctant to divide the House on this issue because of the Minister's comments. I disagree with elements of them but that is the nature of our discussion. I will withdraw my amendment and reserve the right to table it again on Report Stage. Both myself and my colleague in the other House, Deputy Ó Laoghaire, are keen to engage with officials and the Minister to tease out how we...

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

Niall Ó Donnghaile: I move amendment No. 19:In page 29, to delete lines 13 to 15. I will withdraw amendment No. 19 while reserving the right to resubmit it on Report Stage. Sinn Féin will support amendment No. 21 in the name of Senator Higgins.

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

Niall Ó Donnghaile: I move amendment No. 22:In page 30, line 5, after “necessary” to insert “and proportionate”. This is a simple change to insert "proportionate" after "necessary". It is straightforward. It relates to a belief or a worry that there is an overt degree of power and discretion granted to the Minister in this regard. I think we can just speak on amendment No. 22 at...

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

Niall Ó Donnghaile: Sin mo mhéid ar leasú Uimh. 22.

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

Niall Ó Donnghaile: I move amendment No. 23:In page 30, between lines 14 and 15, to insert the following:“(4) (a) Such regulations shall be referred to the Data Protection Commissioner before their enactment, who shall conduct an impact assessment, undertaken by the Data Protection Commission. (b) The impact assessment shall have the purpose of ascertaining whether the proposed processing of special...

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

Niall Ó Donnghaile: I will say very briefly that I am prepared to withdraw amendments Nos. 30 and 31 and to reserve the right to table them again on Report Stage. The Minister had indicated that he would be open to looking at amendment No. 31 which proposes to insert “and proportionate” after "necessary" in section 54(3)(a).

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

Niall Ó Donnghaile: So that is okay. I withdraw amendments No. 30 and 31 on that basis and reserve the right to table them again on Report Stage.

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

Niall Ó Donnghaile: I move amendment No. 36:In page 37, between lines 28 and 29, to insert the following:"(11) (a) Any regulations under this section shall be referred to the Data Protection Commissioner before their enactment, who shall conduct an impact assessment, undertaken by the Data Protection Commission. (b) The impact assessment shall have the purpose of ascertaining whether the proposed processing of...

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

Niall Ó Donnghaile: I move amendment No. 44:In page 65, between lines 3 and 4, to insert the following:"Protection of data protection officers83. (1) The Data Protection Commission, shall provide a protection, whereby data protection officers may seek the assistance of the Data Protection Commissioner, due to the fact that the data protection office is not in a position to carry out their role fully, due to...

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

Niall Ó Donnghaile: It is important to say, a Leas-Chathaoirleach, at this juncture that I am always far-reaching so I will always stretch my neck out. Based on what the Minister has said and earlier considerations, I do not want to divide the House on issues. I fundamentally believe in the sentiment and practicalities sought by my amendment. The Minister has given me a number of assurances that he will try...

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

Niall Ó Donnghaile: I move amendment No. 85:In page 113, between lines 10 and 11, to insert the following:“(3) The Commission may decide to impose an administrative fine on a controller or processor that is a public authority or body.”. I presume we are ploughing on beyond 8.40 p.m.

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

Niall Ó Donnghaile: The Leader is on his way to come to the rescue. I know that we are not allowed to filibuster, but I will try to ensure the Leader makes it here on time. Amendment No. 85 would provide that "[t]he Commission may decide to impose an administrative fine on a controller or processor that is a public authority or body". It would allow public bodies to be fined for breaches of data protection...

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

Niall Ó Donnghaile: Senator Alice-Mary Higgins surmised much of what I was going to say to the Minister. It might just be legislative fatigue at this stage, but I did not hear anything from the Minister which convinced me that there would be repercussions for public bodies or other entities in breach of data protection rules, regardless of whether it was a one off or consistent.I did not hear anything from the...

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

Niall Ó Donnghaile: Senator Alice-Mary Higgins has said all I wanted to say about fines. I agree with the Minister that we all want to see the highest standards implemented by public bodies to ensure data protection. For all of the reasons outlined by the previous speaker, nothing in the amendment would prohibit organisations from adopting the highest standards of data protection protocols and directives. It...

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

Niall Ó Donnghaile: In keeping with the charitable spirit of the night and because I have every faith in the Minister, I will withdraw the amendment and reserve the right to resubmit it on Report Stage.

Seanad: Order of Business (7 Mar 2018)

Niall Ó Donnghaile: As a fellow sports fan, the Leader will join me in being deeply concerned and somewhat dismayed and confused, if not offended, by the remarks of the Northern Ireland soccer manager, Mr. Michael O'Neill, over the course of the weekend. In an interview which was published online, subsequently removed and republished in a toned down form he accused the Football Association of Ireland, FAI, of...

Seanad: Order of Business (7 Mar 2018)

Niall Ó Donnghaile: Will the Leader give way so that I can make a point?

Seanad: Order of Business (7 Mar 2018)

Niall Ó Donnghaile: The Leader said he would give way.

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