Results 61-80 of 104 for data protection segment:7116692

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

Charles Flanagan: ...x201c;(8) The Regulations of 2011 are amended—(a) in Regulation 3, by the substitution of “Subject to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects, processing” for “Processing”, (b) in Regulation 4, by the substitution of “Subject to suitable and specific measures being taken to...

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

Charles Flanagan: ...following:“(10) The Regulations of 2016 are amended—(a) in Regulation 2, by the substitution of “Subject to suitable and specific measures to safeguard the fundamental rights and freedoms of data subjects, the processing” for “The processing”, and (b) by the insertion of the following Regulation after Regulation 2:“3. In these Regulations,...

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

Pat Breen: I move amendment No. 196:In page 124, between lines 17 and 18, to insert the following:“Processing of personal data where court is controller 157. (1) The Superior Courts Rules Committee may make processing rules in respect of personal data that are contained in a record of a superior court of record. (2) The Circuit Court Rules Committee may make processing rules in respect of...

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

Charles Flanagan: ...x201c;(9) The Regulations of 2015 are amended—(a) in Regulation 2, by the substitution of “Subject to suitable and specific measures being taken to safeguard the fundamental rights and freedoms of data subjects, the processing” for “The processing”, and (b) by the insertion of the following Regulation after Regulation 2:“3. In these Regulations,...

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

Charles Flanagan: ...today. I know what they are trying to achieve, but I do not want to have different consequences. I see the reasoning of Deputy Ó Laoghaire but I cannot accept amendment No. 124 because it deals with the risk that a data protection officer might encounter non-co-operation, harassment, duress or even victimisation in the workplace as a result and would no longer be in a position to...

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

Pat Breen: ...:“Amendment of section 2 of Railway Safety Act 2005 189. Section 2(1) of the Railway Safety Act 2005 is amended in the definition of “record” by the deletion of the words “in which data (within the meaning of the Data Protection Act 1988) are held, any other form”.”.

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

Mick Wallace: I move amendment No. 172:In page 98, to delete lines 22 to 25 and substitute the following:"(7) The court hearing a data protection action that has been brought, in accordance with section 118(1)(b), on behalf of a data subject by body, organisation or association to which subsection (2) of that section applies shall have the power to grant to the data subject on whose behalf the action is...

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

Charles Flanagan: ...judicial authority acting in its judicial capacity” and substitute “the courts when acting in their judicial capacity”. Amendment No. 132 is a drafting amendment that clarifies that the data protection commission shall be competent to supervise the data processing operations of all bodies except the courts when acting in their judicial capacity.

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

Mick Wallace: We will not fight over this. The Minister is prepared to examine the issue on Report Stage. We are trying to protect the independence of the data protection officer.

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

Pat Breen: ...) Act 2000178. Section 2(1) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 is amended in the definition of “record” by the deletion of the words “any form in which data (within the meaning of the Data Protection Act 1988) are held,”.”.

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

Mick Wallace: I move amendment No. 136:In page 86, between lines 18 and 19, to insert the following: “Rights under Article 80(1)106. (1) In addition to the rights conferred on a data subject under Article 80(1) to mandate a not-for-profit body, organisation or association to which Article 80(1) applies to lodge a complaint on his or her behalf with the Commission and, under section 15(7) to take a...

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

Jim O'Callaghan: I move amendment No. 118:In page 66, between lines 15 and 16, to insert the following:“(9) Should a data subject request information in relation to a personal breach which affects them, they have the right to be provided with all the pertinent information in respect of that breach and nothing in subsections (2), (4) or (6) shall place a restriction on their access to that...

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)

Charles Flanagan: Section 54 gives further effect to Article 22 of the GDPR, which deals with the automated processing of personal data including profiling. Paragraphs 2(a) and (c) of Article 22, which have direct effect, permit automated processing, including profiling, where it is necessary for entering into, or the performance of, a contract between a data subject and a controller and where the data...

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)

Pat Breen: ...gcoimeádtar sonraí (de réir bhrí an Achta um Chosaint Sonraí 1988), aon fhoirm eile (lena n-áirítear foirm mheaisín-inléite) nó rud eile” and (b) in the English text, in the definition of “record”, by the substitution of “any form in which data are held (including machine-readable form)” for “any...

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

Charles Flanagan: In an important ruling of December last year, the European Court of Justice in Luxembourg ruled that examination scripts fall under the heading of personal data under EU data protection law. The consequences of that judgment are such that the Department of Education and Skills and the Attorney General are now examining the issue. I am not in a position to accept these amendments today but I...

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)

Pat Breen: I move amendment No. 204:In page 126, between lines 25 and 26, to insert the following:“Amendment of Data Protection Act 1988 168. (1) The Act of 1988 is amended—(a) in section 24, by the substitution of the following subsection for subsection (1): “(1) In this section “authorised officer” has the same meaning that it has in section 2(1) of the Data...

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

Charles Flanagan: I move amendments No. 114:In page 58, line 23, to delete “and processor” and substitute “and a processor”. Section 77 imposes an obligation on data controllers operating under Part 5 of the Bill to have a detailed contract with any processor that carries out data processing activities on their behalf. The intention is to ensure the controller retains overall...