Results 81-100 of 106 for data protection segment:7116692

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

Charles Flanagan: ...is, that the claim is unsustainable in law and is bound to fail, the term is not understood in other member states, except possibly in a common law jurisdiction such as the UK. On the contrary, to a data subject or a data protection authority in another member state, use of the word "frivolous" suggests that the matter is not regarded as sufficiently serious for investigation, while...

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

Pat Breen: ...of the GDPR. Article 80.2 of the GDPR recognises that a member state may allow in its national laws for a not-for-profit body, association or organisation to take action on behalf of a data subject without the data subject's mandate. However, that is not part of our law and compliance with the GDPR does not require such a provision. The restrictions in the Bill on the taking of...

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)

Charles Flanagan: I move amendment No. 105:In page 46, line 10, to delete “Health Regulations” and substitute “Data Protection Health Regulations”.

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

Pat Breen: I understand the appeal will relate to a decision of the Data Protection Commissioner.

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

Pat Breen: ...the following:“Amendment of section 38 of Planning and Development Act 2000 180. Section 38 of the Planning and Development Act 2000 is amended in subsection (2) by the deletion of “and the Data Protection Acts 1988 and 2003”.”.

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

Pat Breen: I move amendment No. 248:In page 9, line 15, to delete “Decision 2008/977/JHA” and substitute the following:“Decision 2008/977/JHA; to give further effect to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data done at Strasbourg on the 28th day of January 1981”.

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)

Pat Breen: ...19 of Electoral (Amendment) Act 2006 191. Section 19 of the Electoral (Amendment) Act 2006 is amended by the substitution of “A registration authority may,” for “Notwithstanding anything in the Data Protection Acts 1988 and 2003, a registration authority may,”.”.

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

Jim O'Callaghan: ...the date on which notice of the decision is received by him or her, be appealed to the court by the person concerned.”. Section 148 deals with an appeal to the courts arising from a decision of the Data Protection Commission. The amendment seeks to change the parameters by which such an appeal may take place. Having re-read the Government's draft, I believe subsection (5) is...

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)

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)

Pat Breen: ... 162. Subject to this Part, a reference in any enactment to processing within the meaning of the Act of 1988 shall be construed as including a reference to processing within the meaning of—(a) the Data Protection Regulation, and (b) Part 5.”.

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

Donnchadh Ó Laoghaire: No. I am sure I can find it. If it is the case as far as the Minister of State and the Department are concerned that there is no requirement to provide for the Data Protection Commissioner to have these powers under Irish legislation so that it will be possible to recover profits gained on foot of offences under this Bill, I will be happy enough to withdraw my amendment.

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

Mick Wallace: ...is amended in section 8(1) by the insertion of the following new paragraph after paragraph (g):“(h) maintain a register of preventative and counselling services for the purposes of section 30 of the Data Protection Act 2018.”.”. We have discussed this already. We will withdraw the amendment and reserve the right to reintroduce in on Report Stage.

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)

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)

Clare Daly: ...united under the vague banner of being in the general public interest. The section also proposes to give the Minister wide discretion in limiting the rights of persons if he or she believes it is necessary to do so for the protection of the data subject or the rights and freedoms of others to do so. While this provision appears to be fair, the section does not include an obligation on the...

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

Charles Flanagan: I am surprised that members see this section as new or novel. The Data Protection Act 1988 contains reference to direct marketing and direct mail. Much of this is subjective on the part of the recipient. All Members have seen signs stating "no junk mail" in the course of canvassing. Such a sign is an objection in itself. However, I recall more than one occasion on which I did not leave a...

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...