Results 101-106 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: ...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...

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: ...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)

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)

Pat Breen: ...of any profits made by a controller or processor because of infringements - is dealt with in Article 83.2(k) of the GDPR. It provides that when determining the amount of any administrative fine, the data protection authority shall have regard to "financial benefits gained, or losses avoided, directly or indirectly, from the infringement". I thank Deputy Ó Laoghaire for his...

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

Jim O'Callaghan: ...legislation that is being made by way of regulation although it is referred to as secondary legislation. We should do it. I understand Deputy Ó Laoghaire's point. We are not farming it out to the Data Protection Commissioner. We should make our decision based on what we view as being in the public interest. The elected Members of the Oireachtas are much more in tune with what is...