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Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Data Protection Bill 2018: Committee Stage (Resumed)

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Caoimhghín Ó Caoláin: I remind members that all mobile phones must be switched off as they interfere with the recording and broadcasting equipment. We are resuming consideration of Committee Stage of the Data Protection Bill 2018. I welcome the Minister for Justice and Equality, Deputy Charles Flanagan, and his officials. We will endeavour to conclude Committee Stage this evening, if at all possible.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: I move amendment No. 56:In page 29, between lines 7 and 8, to insert the following:“Processing of special categories of personal data 39. Without prejudice to the processing of personal data for a purpose other than the purpose for which the data has been collected which is lawful under the Data Protection Regulation, the processing of special categories of personal data for a purpose...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: I move amendment No. 57:In page 30, between lines 2 and 3, to insert the following:"Application to access data41.(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...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: ...the Seanad. The text of Deputy Ó Laoghaire's new section seems to be inspired by the recommendation of this committee arising from the pre-legislative scrutiny of the communications (retention of data) Bill 2017. The joint committee's report was issued recently but the Government, and more importantly the Attorney General, have not yet had the opportunity to examine the...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: I find myself in the frightening position of agreeing with the Minister. The amendment raises very important issues that go beyond the data protection measures, the general data protection regulation, GDPR, and this legislation. The Minister's point about what is a serious offence involves a balancing of rights which are adjudicated by the courts, and as Deputy Wallace just said to me, if...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: I will withdraw the amendment, not so much because of its location, because this is a data protection Bill and data retention is relevant as well, but on the basis of the text.

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: I move amendment No. 58:In page 30, to delete lines 4 to 6 and substitute the following:"41.(1) For the purposes of Article 86, personal data may be disclosed where a request for access to a record is granted under and in accordance with the Act of 2014 pursuant to an FOI request, a request for access to environmental information is granted under and in accordance with the Regulations of 2007...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 63:In page 30, between lines 13 and 14, to insert the following:“Processing of special categories of personal data 42. Subject to compliance with the Data Protection Regulation and any other relevant enactment or rule of law, the processing of special categories of personal data shall be lawful to the extent the processing is —(a) authorised by section 38...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Mick Wallace: ...opposed. We would like to return to it on Report Stage. Article 9 of the GDPR is very clear that the processing of political opinion is prohibited without the full and informed consent of the data subject, except in certain and very limited circumstances. Section 45 of the Bill is a bizarre attempt to carve out an exception for the processing of political opinion that is simply not...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: This is an absolutely enormous section which has caused huge controversy. Even as we sit here, a load of people are commenting on it, including some of the experts in Ireland on data protection because they believe this is a serious category. To answer some of the points made by Deputy Jim O'Callaghan, it is not about canvassing or recording details. All of that good stuff can...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 71:In page 31, between lines 30 and 31, to insert the following:"Processing of special categories of personal data and Article 10 data for reasons of substantial public interest 48.(1) Processing of special categories of personal data shall be lawful where the processing is carried out in accordance with regulations made undersubsection (3). (2) Article 10 data may be...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: We dealt with many of the issues relating to the section during the debate on amendment No. 5. The amendment relates to the processing of sensitive categories of data, which can only be done in the substantial public interest. None of us will have a problem with the example cited by the Minister but we are concerned to head off that interpretation being stretched in the future based on the...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: ...section 48(4)(a) seeking an impact assessment, it would be defined as an opinion. The Minister made the point in the Seanad that the provisions would have some implications for the independence of the data protection commissioner. This is an attempt to refine that. Deputy Daly's amendment diverges from the existing section 48(4)(a) in part (c). Will the Deputy explain the difference in...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Jim O'Callaghan: It is appropriate that one should be able to process personal data for the purposes of substantial public interest. The Minister has given examples. In recent days, we have seen other issues that have arisen which may result in an investigation. That also illustrates an example of how, on occasion, the processing of personal data is necessary on the basis of substantial public interest. I...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Mick Wallace: On the issue of "substantial public interest", German data protection legislation specifically restricts processing in this sense to public authorities, and I think we should do the same. We are talking about sensitive personal data and I do not see any reason private companies would be processing sensitive data for what is referred to as "substantial public interest".

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Clare Daly: ...yesterday on Oireachtas oversight has maybe moved the goalposts since we tabled these amendments. We tabled two amendments to get around the legal prohibition on us placing an obligation on the Data Protection Commissioner to do anything. We have probably favoured Deputy Ó Laoghaire's amendment to ours but we were worried how that might stack up in that legal context and we put them...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: ...this impact assessment process with good reason. I take the point that Deputy O'Callaghan raised about decisions being made by the Oireachtas. There is no provision here that ensures that the Data Protection Commissioner would take a decision. Any decision could only be made by a Minister and now perhaps requires prospective sanction by the Dáil and Seanad. Any decision that is...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Donnchadh Ó Laoghaire: ...not be happening willy-nilly or frequently but should be infrequent. One would hope that it would not happen any more often than once a year or even less often than that. I do not see why the Data Protection Commissioner cannot match up to that job. I do not think it is an onerous obligation. If it is, it means that the provision is being abused and that we are looking for new special...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: ...thank the committee for its contribution thereto. It will be necessary for any such future regulations to have regard to the policies and principles set out in subsection (5). Advance consultation with the Data Protection Commissioner will also be necessary. Amendments Nos. 78 and 79 are consequential drafting amendments. I am not inclined to accept amendments Nos. 81 and 110 in the...