Results 41-60 of 104 for data protection segment:7116692

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

Pat Breen: ...Scheme Act 2009 195. The Nursing Homes Support Scheme Act 2009 is amended—(a) in section 26, by the deletion of subsection (12), and (b) in section 45(1), by the substitution of “Subject to the Data Protection Regulation and the Data Protection Act 2018” for “Notwithstanding any provision of the Data Protection Acts 1988 to 2003”.”.

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

Charles Flanagan: I move amendment No. 130:In page 76, line 4, to delete “privilege.” and substitute “privilege;” The new paragraph (j) is inserted in subsection (3) of the section in order to protect investigations, inquiries and prosecutions undertaken by the data protection commission into alleged infringements of the law enforcement directive, including data breaches. It...

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

Charles Flanagan: Of the 12 amendments in the group, six are in my name. The purpose of section 57 is to protect the public and other objectives of general public interest. I state categorically that it does not restrict, nor will it be used to restrict, the data protection rights of citizens. For example, the Medical Council or the Property Services Regulatory Authority may have good reason to investigate...

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

Pat Breen: ... 170. The Comptroller and Auditor General (Amendment) Act 1993 is amended—(a) in section 10, by the substitution of the following subsection for subsection (3):“(3) In this section—‘automated data’ means information that—(a) is being processed by means of equipment operating automatically in response to instructions given for that purpose, or (b)...

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

Charles Flanagan: I move amendment No. 106:In page 46, between lines 11 and 12, to insert the following:“ “Data Protection Social Work Regulations” means the Data Protection (Access Modification) (Social Work) Regulations 1989 (S.I. No. 83 of 1989).”.

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

Charles Flanagan: ...with a similar amendment, I am unable to accept an amendment which would insert a new subsection (9) in section 84. Under section 84 there is already an obligation on a controller to inform a data subject where there is a high risk to the data subject's rights and freedom arising from a breach. In such a case, the controller, in clear and plain language, must notify the data subjects...

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

Pat Breen: ...to delete line 37, and in page 124, to delete lines 1 to 17 and substitute the following:“(2) The assigned judge shall, in particular—(a) promote awareness among judges of the provisions of the Data Protection Regulation, the Directive and any enactment, rule made under section 156(3) or other rule of law that gives further effect to the Data Protection Regulation or effect...

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

Pat Breen: I move amendment No. 197:In page 126, between lines 25 and 26, to insert the following:“Reference to personal data in enactment 161. Subject to this Part, a reference in any enactment to personal data within the meaning of the Act of 1988 shall be construed as including a reference to personal data within the meaning of—(a) the Data Protection Regulation, and (b) Part...

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

Pat Breen: ...Miscellaneous Provisions) Act 2009 196. Section 23 of the Criminal Justice (Miscellaneous Provisions) Act 2009 is amended by the substitution of the following subsections for subsection (2):“(2) The Data Protection Act 1988 shall, subject to any necessary modifications, apply and have effect in relation to the processing (within the meaning of that Act) of personal data (within the...

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

Charles Flanagan: ...a more effective remedy already exists in law, namely, the 2014 Act, section 7 of which deals with the issue in a comprehensive way. I am satisfied that it provides an effective remedy where a data protection officer is experiencing difficulty in the performance of his or her functions. An important thing to take into account is the fact that a data protection officer who makes such a...

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)

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)

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: 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)

Clare Daly: While going along with that and taking on board the Minister's point that data protection officers might have recourse to the protected disclosures legislation, there might be some overlap in some cases. They might make protected disclosures to bring themselves within the scope of this Bill. We think it would be preferable to avoid the need for them to artificially bring themselves under...

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

Clare Daly: I move amendment No. 173:In page 98, between lines 25 and 26, to insert the following:“(8) The court hearing a data protection action that has been brought, in accordance with section 118(2)(b)*, on behalf of a data subject by a body, organisation or association independently of the data subject’s mandate, shall not award compensation for material or non-material damage...

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

Donnchadh Ó Laoghaire: I move amendment No. 97:In page 40, between lines 8 and 9, 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...

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)

Charles Flanagan: I move amendment No. 117:In page 64, lines 34 and 35, to delete “data protection breach” and substitute “personal data breach”.

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...