Results 21-40 of 69 for data protection segment:7123860

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: ...:In page 155, between lines 20 and 21, to insert the following: “Amendment of 206.Section 1 of the is amended by⁠—(a) the substitution of the following definition for the definition of “data”:“ ‘data’ means automated data and manual data;”,(b) the substitution of the following definition for the definition of...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Jim O'Callaghan: The three amendments under discussion all seek to provide greater protection for children under the Bill. Amendment No. 15 seeks to raise the age of digital consent from 13 to 16. I mentioned on Committee Stage that Fianna Fáil supports a digital age of consent of 16. I will not address that amendment today as my colleague, Deputy Thomas Byrne, will do so. I wish to address...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: This group of amendments deals with the section of the Bill that gives effect to Article 80 of the general data protection regulation, GDPR, on the representation of data subjects. There is a huge problem when it comes to people's privacy rights under data protection legislation in that individuals do not have the expertise, knowledge, time or money to enforce their legal rights. We are...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Mick Wallace: I move amendment No. 114:In page 102, between lines 24 and 25, to insert the following:“(8) A data protection action may be brought on behalf of a data subject, independently of the data subject’s mandate, by a not-for-profit body, organisation or association to which Article 80(1) applies.”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: I move amendment No. 45:In page 36, between lines 25 and 26, to insert the following: “Processing of special categories of personal data for purpose other than purpose for which data collected 41.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...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: The purpose of amendments Nos. 100, 114 and 117, as tabled by Deputies Clare Daly and Wallace, is to allow not-for-profit bodies, organisations and associations to exercise data subject rights on behalf of individuals before the Data Protection Commissioner and the courts but without the permission or agreement of those individuals. That would amount to an extraordinary change in our law. ...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Donnchadh Ó Laoghaire: ...s amendments because while they deal with different aspects of the Bill, their intention is the same. It is not difficult to anticipate the circumstances in which it would be in the interests of a data controller to hinder, harass or in any way infringe the work of a DPO. That might be in the interests of individuals or senior management within any organisation and could restrict the...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: ...under section 16, being information which is excluded from the edited register, may be used, that information may be used—(a) by a specified person (within the meaning of section 38 of the Data Protection Act 2018), for the purpose of communicating with a data subject in accordance with section 38 of that Act, or (b) by an elected representative (within the meaning of section 39 of...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: ...of 13 being set as the relevant age was well made by Deputy Shortall in her constructive contribution last night. She outlined the reasons that a digital age of consent of 13 years will serve to protect children. I want to take this opportunity to say I fully agree with the contribution of Deputy Clare Daly. I am seldom in a position to say that. I agree with the really good case...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Mick Wallace: I move amendment No. 22:In page 34, between lines 26 and 27, to insert the following:"(6) Regulations made under subsection (4) shall—(a) respect the essence of the right to data protection, and (b) enable processing of personal data only in so far as is necessary and proportionate to the legitimate aim pursued.".

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: ...of amendment No. 18, on Committee Stage when the Minister listed the free fuel and travel schemes and the school meals programmes, operated by the Department of Employment Affairs and Social Protection on a non-statutory basis, he said that this processing complies with the GDPR because Recital 41 states: "Where this Regulation refers to a legal basis or a legislative measure, this does...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Donnchadh Ó Laoghaire: I move amendment No. 65:In page 43, between lines 17 and 18, to insert the following:“Processing of special categories of personal data for identity verification purposes 55. Processing of special categories of personal data for identity verification purposes will be lawful provided no copy of identification or information contained within is stored or retained for any...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: I move amendment No. 122:In page 108, to delete lines 9 to 16 and substitute the following:“(7) The court hearing a data protection action that has been brought, in accordance with section 119, on behalf of a data subject by a body, organisation or association to which subsection (2) of that section applies, shall not award compensation for material or non-material damage suffered.”.

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Mick Wallace: ...performance of a function of a controller conferred by or under an enactment or by the Constitution.". This amendment addresses section 37(1)(b) which seems to give far too much scope to third party data processing in respect of non-statutory schemes, particularly given that this section of the Bill describes a situation where the consent of the data subject will be bypassed. We should...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Mick Wallace: These amendments attempt to reshuffle section 40 and involve the insertion of a new section 41. We are trying to deal with personal data and special categories of personal data separately. The two categories are currently lumped together in the Bill. Article 23 of the GDPR is the relevant provision in this regard. It does not make an explicit distinction between the processing of personal...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Charles Flanagan: ...as inserted by amendment No. 80, to which we agreed last night. It already provides that any regulation made under section 59 to which the Deputy referred must respect the essence of the right to data protection and restrict the exercise of data subject rights only in so far as it is both necessary and proportionate. Amendment No. 75 seeks to delete subsection (5) in its entirety. I...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: I move amendment No. 115:In page 102, to delete lines 25 and 26 and substitute the following:“(8) The court hearing a data protection action brought by a not-for-profit body, organisation or association under subsection (7) shall have the power to grant to the data subject on whose behalf the action is being brought one or more of the following reliefs:(a) relief by way of injunction...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Clare Daly: I move amendment No. 100:In page 96, between lines 1 and 2, to insert the following:“Rights under Article 80(1)107. (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 116(7) to take a...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Seán Sherlock: ...The advocates for a digital age of consent of 13 have argued that children have a right to a voice online and to participation. However, the digital age of consent applies only when the personal data of children is being gathered and processed. Children under the digital age of consent should be provided with platforms that do not exploit their personal data as a condition of their use,...

Data Protection Bill 2018 [Seanad]: Report Stage (Resumed) (16 May 2018)

Mick Wallace: ...of his or her tasks, that one of the DPO's functions is to act as a point of contact for people in regard to what is happening to their information and their rights under this Part, and that a data subject may contact a DPO to ask questions about what is happening to their data and what kind of rights they have under this Part. While we will not push amendment No. 89, we think amendments...