Results 1-20 of 20 for data protection segment:8834445

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

James Lawless: ...event, we have noted the submission Safe Ireland has provided. It will be taken into account when we produce our report. I welcome the following witnesses: Mr. David Murphy, deputy commissioner of the Data Protection Commission, DPC; Mr. Andrew Carroll, assistant commissioner, DPC; Mr. Simon McGarr, solicitor with Digital Rights Ireland; Ms Olga Cronin, senior policy officer at the...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...commissioner from the DPC's supervision team and who has responsibility for matters pertaining to law enforcement. This proposed Bill will provide the legal basis for the processing of personal data by An Garda Síochána for the purpose of biometric identification by way of facial recognition. The DPC acknowledges the potential for facial recognition technology to benefit the...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...proposed legislative scheme. The use of facial recognition technology, FRT, by police engages many fundamental human rights, including but not limited to the rights to human dignity, privacy, protection of personal data, non-discrimination, protest and freedom of expression, all of which are enshrined in the EU Charter of Fundamental Rights. We call on the committee to urge the...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...for the detection of perpetrators and for the collection of evidence in support of charges against them. We have two specific points which we would like to address further. The first is how data will be collected, processed and protected, specifically, data that contains information on or about survivors of sexual violence. This legislation and the code of practice in the Act must...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...system, solicitors know the needs of law enforcement to have at its disposal the necessary tools and technology to deter and detect crime. We are also very much attuned to the need to respect, protect and enforce the rights and civil liberties of individuals. As explained in the Law Society submission, we have identified a number of possible weaknesses in the published general scheme...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...of brief footage in a murder investigation or an arson investigation cannot be overemphasised in making a detection for serious crime. Digital evidence that the Garda has a duty to process is now at big data scale in terms of its massive volume, complexity of formats and the rate at which it is generated. Digital crime and evidence can only be investigated with digital tools. Manual...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Lynn Ruane: ...has been made to 22,000 hours of footage but surely it is not being suggested that those 22,000 hours of footage would be scanned and every single face processed. Scenario No. 3 of the European Data Protection Board guidelines on FRT and law enforcement deals with the example of a riot or protest. The guidelines clearly state that a generic national legal basis will not meet EU law...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...of incompatibility with European law, it is thus as currently drafted but that it is not to say that changes cannot be made that will bring it in line with European law. Indeed, the European Data Protection Board has produced a guidance note - which the Data Protection Commission, as one of the members of that board, could speak to better than I could - on what to look out for to ensure...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Alan Farrell: ...xe1;il shortly to make a contribution on another matter but I will return. I have a couple of questions that arise from questions that have been asked. I will start with the representatives of the Data Protection Commission, DPC. Do they have concerns about how the Bill is drafted in the context of the sharing of data across jurisdictions, if it comes to that? For instance, if an...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Alan Farrell: I have a final question on racial profiling or general profiling. This is for the Data Protection Commission representatives or anybody else who has a view on it. The heads of Bill do not go into it specifically, but there is already an effective ban on such profiling in the Data Protection Act. As members of an authority on such matters, do they believe that is sufficiently strong...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Mr. David Murphy: We referenced the risk of in-built bias in our opening statement. The best place to address that is through the data protection impact assessment that should precede the procurement and roll-out of any technology. That is the appropriate way to identify risk arising from the processing of personal data and to build in any mitigating safeguards. Clearly, we would have a...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Alan Farrell: To DRI, as it is about the robustness of the Data Protection Act regarding racial profiling in the context of the Bill, and whether it is sufficiently robust. Somebody raised that matter.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Ms Olga Cronin: A data protection impact assessment would be necessary by law. However, it is important that we are not just concerned about data protection rights. There are privacy rights, and rights to non-discrimination, freedom to protest, freedom of assembly, and to be anonymous and be a face in the crowd. I understand that we have been told the purpose of the Bill is not for...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Robbie Gallagher: ...the same page in that regard. That said, we want to do it in a way that is lawful and completely above board. It is somewhat concerning that we have got to where we are today with legislation that the data protection people have concerns with. Mr. McGarr and Ms Cronin have raised issues here that go as far as to say that it is not compatible with EU law. That is very concerning....

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Mr. David Murphy: I will address the matter of the legislation passing without reference to us. I should state that there is statutory consultation under section 84 of the Data Protection Act 2018. The Department is obliged to consult us on the legislation and I can confirm that this has commenced. We are in dialogue with the Department. Following this process, we will continue to engage...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Niamh Smyth: I thank all of our witnesses. It has been an interesting debate. It is important that the Data Protection Commission is truly onboard and feels that this legislation is airtight. My concern is that if we continued with things as they are, there would be huge problems when it comes to prosecution if data protection was to be broken. There is a lot of work to do at the Department's end to...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

Dr. David Murphy: Those would not be biometric because they would not be derived from the unique physical characteristics of the person. However, they would be personal data for the purposes of data protection law, if an individual can be identified from that, and that would need to be processed accordingly. However, they would not meet the threshold of biometric data, which is a special...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...Garrett: What the Deputy is raising is the issue around clarity and providing clarity around what is meant in different sections. I raised the point under head 2, which refers to how biometric data has the same meaning attached to it in section 69 of the Data Protection Act 2018, but does not include "DNA, fingerprints or any other data 'except for facial images.'" Therefore, the...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...been highlighted in the scholarly and advocacy literature and by my expert friends here today. Facial recognition technology involves the collection, analysis and retention of sensitive personal data. As we heard, it poses significant risks to collective and individual rights such as privacy and freedom from discrimination. I agree strongly with this analysis and have made those points...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Recording Devices) (Amendment) Bill: Discussion (13 Feb 2024)

...of movement and the right to assembly. Notably, this applies whether such technologies are used in real-time or on past footage. Retrospective use might even impose a long-lasting impact since it can analyse data from any time in the past. Due to this chilling effect and the state obligation to promote and protect fundamental rights, international human rights law imposes, at a minimum,...