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Data Sharing and Governance Bill 2018 [Seanad]: Report Stage (18 Dec 2018): Mick Wallace: ...Nos. 6 and 9 simply state consent would have to be informed. In other words, informing has happened, but the consent has to be for processing for a specific purpose or reason. That is where the Bara judgment comes in. It was a case years ago in Europe in which the Romanian Government was found guilty of processing data for a purpose other than the original one. It has now been...
Data Sharing and Governance Bill 2018 [Seanad]: Report Stage (18 Dec 2018): Mick Wallace: ...name seeks to delete lines 25 to 27 on page 33. The Bill seeks to empower State entities to access a citizen's personal data given for one specified purpose for another. That contravenes the GDPR and the Bara judgment. Our amendments would create an opt-out. They would not require a person to be asked whether he or she consented. I appreciate that the amendments would create...
Data Protection Bill 2018 [Seanad]: Second Stage (Resumed) (18 Apr 2018): Mick Wallace: ..., she claims that legal basis for this data sharing is provided in the Social Welfare Consolidation Act 2005. The Minister in this case is either ignoring or simply does not understand the 2015 Bara judgment by the European Court of Justice. However, even leaving the Bara judgment aside, it is very hard to understand why the Government has continued to plough ahead with this kind of...
Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Data Protection Bill 2017: Discussion (Resumed) (5 Jul 2017): Mick Wallace: ...with the Minister for Health for the purpose of this database. It appears to be in direct violation of the case law of the EU court. As the health identifiers project was initiated before the Bara judgment, questions arise about whether it has been scrapped in light of the legal implications of that judgment. If not, what measures are in place to ensure any data-sharing can only be done...

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