Results 1-20 of 33 for data protection segment:7053363

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)

Alice-Mary Higgins: I move amendment No. 35:In page 37, line 25, to delete "the essence of". I initially tabled these amendments because I was concerned that the phrase "the essence of" of data protection as opposed to data protection could be perceived as saying that regulations should respect the essence of the right to data protection. It seemed to be cleaner that they would respect the right to data...

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

Charles Flanagan: ...section 45 and amendment No. 36 seeks to insert the same paragraphs into section 54, which is why we are taking them together. The position here is that the imposition of a statutory duty on the Data Protection Commissioner to conduct an impact assessment on regulations to be made under section 45(2) is in conflict with article 36(4) of the GDPR. That provision states that a member...

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

Charles Flanagan: .... I am not going to accept it now because I believe we need an opportunity for further consideration of its provisions. I will revisit this amendment, which seeks to deal with the risk that a data protection officer may encounter a lack of co-operation, on Report Stage. I may even have an opportunity to come back to him in advance of Report Stage. In exploring whether an effective...

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

Alice-Mary Higgins: ...relates "suitable and specific measures" for processing. This term is invoked 16 subsequent times in the Bill. It was conceived originally to be used in respect of special categories of personal data. In the general data protection regulation it is indicated that the processing of special categories of personal data may be necessary for reasons to do with the public interest in the...

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)

Charles Flanagan: This amendment provides clarity in relation to the function of the data protection commission under section 90. It clarifies what is already implicit in section 90(3), which is where the commission informs a data subject that it has carried out all necessary verifications or reviews in response to his or her request. It is not obliged to inform the data subject concerned whether his or her...

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

Charles Flanagan: ...has been some public commentary about this section which, in many respects, has involved some misunderstanding as to the likely impact it will have. The overall purpose of this section is to offer protection to the public. These objectives are very much in the public interest. I do not see any circumstances in which it could be described as restricting the data protection rights of...

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

Alice-Mary Higgins: ...provides a number of exemptions for public authorities and, as I mentioned at the very beginning of our discussions, it is not robust enough in ensuring effective mechanisms for the realisation of rights with data. We have a situation in the Bill where for the individual who wishes to call on, or invoke, his or her rights to data protection, that individual's rights to insist on data...

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

Alice-Mary Higgins: ...:“12 to 22 are restricted to the extent specified in subsection (3).”. I will speak to all the amendments together. Basically section 54 relates to the restriction of the exercise of the data subject rights. Data subject rights are the core reason we have the General Data Protection Regulation, GDPR. The function of GDPR to a large extent is to ensure appropriate...

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

Alice-Mary Higgins: I move amendment No. 27:In page 34, to delete lines 1 to 7 and substitute the following:"(b) the effect of that decision is to grant a request of the data subject." The GDPR is clear that persons should not be subjected to automated decision-making, and decisions that will have a significant impact on the lives of an individual or a data subject should not be made automatically. This...

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

Alice-Mary Higgins: ...51In page 74, line 30, after “Commission” to insert “and subject to Cabinet approval”. My amendment refers to another restriction. Section 89 refers to the restrictions on the exercise of data subject rights. This is another section that restricts the right of an individual in terms of data protection. My amendment expresses my concern, which has been...

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

Niall Ó Donnghaile: ...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 legislation, which is not allowed for by the Bill in its current form. Appreciating that the Minister may come at this issue by suggesting it is effectively a zero-sum game, what we...

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)

Alice-Mary Higgins: I move amendment No. 43:In page 63, between lines 34 and 35, to insert the following:“(9) Should a data subject request information in relation to a personal data breach which affects them they have the right to be provided with all the pertinent information in respect of that breach and nothing in subsection (2), (4) or (6) shall place a restriction on their access to that...

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

Charles Flanagan: Part 5 of this Bill, which deals with criminal justice bodies, does not relate to the HSE or the Department of Employment Affairs and Social Protection. It is concerned with a breach on the part of a criminal justice body, such as the Office of the Director of Public Prosecutions or the Irish Prison Service. This section of the Bill places a clear obligation on the data controller to inform...

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

Charles Flanagan: ...that the purpose of section 32, which is entitled "Suitable and specific measures for processing", is to establish a toolbox of specific and appropriate measures to be applied in the context of data processing under later sections of the Bill, namely, sections 40 to 44, inclusive, and 46, some of which have been mentioned by Senator Higgins. She is correct that we will have an opportunity...

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

Alice-Mary Higgins: ...fundamentally wrong. The rights of the private sector in terms of competition are carefully and preciously guarded, but those of an individual to see to it that there is a consequence when data protection legislation is breached do not seem to carry the same weight and the imposition of fines in this area is not considered to be necessary. We know and have seen the consequences when...

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

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

Alice-Mary Higgins: On section 131 and the power of either triggering reports or audits, I am indicating that those are areas on which I may look to make suggestions, if they be compatible with the general data protection regulation, GDPR, on Report Stage.