DÁIL ÉIREANN AN BILLE UM CHOMHROINNT AGUS RIALACHAS SONRAÍ, 2018 DATA SHARING AND GOVERNANCE BILL 2018 LEASUITHE COISTE COMMITTEE AMENDMENTS

Similar documents
SEANAD ÉIREANN. [No. 40b of 2018] [11 October, 2018]

PLANNING AND DEVELOPMENT (AMENDMENT) BILL Mar a tionscnaíodh. As initiated ARRANGEMENT OF SECTIONS

DÁIL ÉIREANN. BILLE NA gcuideachtaí (CUNTASAÍOCHT), 2016 COMPANIES (ACCOUNTING) BILL 2016 LEASUITHE COISTE COMMITTEE AMENDMENTS

Number 36 of 2004 OMBUDSMAN (DEFENCE FORCES) ACT 2004 ARRANGEMENT OF SECTIONS. Section. 1. Interpretation. 2. Appointment of Ombudsman.

Number 22 of Financial Services and Pensions Ombudsman Act 2017

DÁIL ÉIREANN AN BILLE UM CHAIDREAMH SAN ÁIT OIBRE, 2014 WORKPLACE RELATIONS BILL 2014 LEASUITHE TUARASCÁLA REPORT AMENDMENTS

Number 1 of 2002 STATE AUTHORITIES (PUBLIC PRIVATE PARTNERSHIP ARRANGEMENTS) ACT, 2002 ARRANGEMENT OF SECTIONS

An Bille um Chosaint Sonraí, 2018 Data Protection Bill 2018

An Bille um Chosaint Sonraí, 2018 Data Protection Bill 2018

SEANAD ÉIREANN AN BILLE UM AN DLÍ COIRIÚIL (CIONTA GNÉASACHA), 2015 CRIMINAL LAW (SEXUAL OFFENCES) BILL 2015 LEASUITHE TUARASCÁLA REPORT AMENDMENTS

PART 15 FUNCTIONS OF REGISTRAR AND OF REGULATORY AND ADVISORY BODIES. Chapter 1. Registrar of Companies

Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS. Section 1. Interpretation. 2. State authority. 3. Public private partnership arrangements.

Number 23 of 2001 VOCATIONAL EDUCATION (AMENDMENT) ACT, 2001 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General

PRESIDENTIAL ELECTIONS ACT 1993

Number 31 of 2001 STANDARDS IN PUBLIC OFFICE ACT 2001 REVISED. Updated to 13 April 2017

Number 5 of Regulation of Lobbying Act 2015

Number 8 of 2005 DORMANT ACCOUNTS (AMENDMENT) ACT 2005 ARRANGEMENT OF SECTIONS. 3. Amendment of section 2 (interpretation) of Principal Act.

Data Protection Bill [HL]

SCHEME OF JUDICIAL APPOINTMENTS COMMISSION BILL 2016

Number 22 of 2002 OMBUDSMAN FOR CHILDREN ACT, 2002 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General. Section 1. Short title and commencement.

BILLE RIALAITHE NA STÁTSEIRBHÍSE (LEASÚ) 2004 CIVIL SERVICE REGULATION (AMENDMENT) BILL Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS

Number 37 of 2009 PUBLIC TRANSPORT REGULATION ACT 2009 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General

Number 27 of 1972 EUROPEAN COMMUNITIES ACT 1972 REVISED. Updated to 1 December 2014

An Bille um Údarás Iompair Bhaile Átha Cliath (Leasú) (Uimh. 2), 2018 Dublin Transport Authority (Amendment) (No. 2) Bill 2018

An Bille um Chosaint Sonraí, 2018 Data Protection Bill 2018

4. Schemes under sections 46 and 90 of the Postal and Telecommunications. 5. Amendment of section 46 of the Postal and Telecommunications

Number 10 of Commission of Investigation (Irish Bank Resolution Corporation) Act 2016

DNA Database System Oversight Committee Annual Report

AN BILLE CAIDRIMH THIONSCAIL (LEASÚ) (UIMH. 3), 2011 INDUSTRIAL RELATIONS (AMENDMENT) (NO. 3) BILL 2011

BILLE NÁISIÚNTACHTA AGUS SAORÁNACHTA ÉIREANN 2004 IRISH NATIONALITY AND CITIZENSHIP BILL 2004

LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT, 1999 CONSOLIDATED VERSION. Electoral (Amendment) Act 2001 (No.

Northern Ireland (Miscellaneous Provisions) Bill

Number 5 of Health (Amendment) Act 2017

AN BILLE UM INSTITIÚIDÍ TEICNEOLAÍOCHTA 2006 INSTITUTES OF TECHNOLOGY BILL Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS

Click here for Explanatory Memorandum

Number 33 of 2002 STATUTE LAW (RESTATEMENT) ACT, 2002 ARRANGEMENT OF SECTIONS. 8. Laying of restatements before each House of the Oireachtas.

General Scheme. of a. Qualifications and Quality Assurance (Amendment) Bill

Estonian Central Register of Securities Act 1

Number 1 of 2001 AVIATION REGULATION ACT, 2001 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General. Section 1. Short title. 2. Interpretation.

BILLE NÁISIÚNTACHA AGUS SAORÁNACHTA ÉIREANN 2004 IRISH NATIONALITY AND CITIZENSHIP BILL Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS

ELECTRONIC TRANSACTIONS (AMENDMENT) ORDINANCE 2004

Number 3 of 1975 LAW REFORM COMMISSION ACT 1975 REVISED. Updated to 30 November 2015

CRIMINAL JUSTICE ACTS AMENDMENT BILL 2011

AN BILLE UM INSTITIÚIDÍ TEICNEOLAÍOCHTA 2006 INSTITUTES OF TECHNOLOGY BILL 2006

Number 49 of 1998 PROTECTIONS FOR PERSONS REPORTING CHILD ABUSE ACT 1998 REVISED. Updated to 1 October 2015

Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 REVISED. Updated to 1 September 2017

SEANAD ÉIREANN AN BILLE UM ATHCHÓIRIÚ RIALTAIS ÁITIÚIL, 2013 LOCAL GOVERNMENT REFORM BILL 2013 ATHRAITHE Ó CHANGED FROM

REPORTING BY PUBLIC ENTITIES ACT 93 OF 1992 (Prior to repeal by Act 1 of 1999)

Number 38 of 2001 ELECTORAL (AMENDMENT) ACT, 2001 ARRANGEMENT OF SECTIONS

REFERENDUM ACT, As amended on December 22, 2001

25TH MAY THE INDEPENDENT GUIDE TO THE REFERENDUM ON THE REGULATION OF TERMINATION OF PREGNANCY

Data Protection Bill [HL]

Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 REVISED. Updated to 7 May 2016

Number 15 of Sport Ireland Act 2015

RCNI Briefing Note on the Criminal Justice (Victims of Crime) Bill 2016 Version 3 post Second Stage in Seanad

Number 28 of 1991 LIABILITY FOR DEFECTIVE PRODUCTS ACT 1991 REVISED. Updated to 30 June 2016

Number 26 of 2007 CHILD CARE (AMENDMENT) ACT 2007 ARRANGEMENT OF SECTIONS. PART 1 Preliminary

Number 12 of Energy Act 2016

Number 23 of 2012 DORMANT ACCOUNTS (AMENDMENT) ACT 2012 ARRANGEMENT OF SECTIONS. 4. Amendment of section 45 of Principal Act (reports).

AVIATION REGULATION ACT, 2001

GovTrack.us Tracking the 110 th United States Congress

Immigration, Asylum and Nationality Act 2006

SUBSIDIARY LEGISLATION DATA PROTECTION (PROCESSING OF PERSONAL DATA IN THE POLICE SECTOR) REGULATIONS

Data Protection Bill: Summary of government amendments for Lords Committee tabled on 20 October 2017

Electronic Interactions Reform Bill

An Bille Meabhair-Shláinte (Orduithe Athnuachana), 2018 Mental Health (Renewal Orders) Bill 2018

TITLE XVII--GOVERNMENT PAPERWORK ELIMINATION ACT

PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS

52 and 53 Vict., c. 69. PUBLIC BODIES CORRUPT PRACTICES ACT 1889 (Repealed) REVISED. Updated to 30 July 2018

LORDS AMENDMENTS TO THE ENTERPRISE AND REGULATORY REFORM BILL

Chapter 36 Mediation and Arbitration 2015 EDITION

Number 13 of 2006 PARENTAL LEAVE (AMENDMENT) ACT 2006 ARRANGEMENT OF SECTIONS

THE UNITED REPUBLIC OF TANZANIA. No. 12 OF 1982

An Bille um Chinnteoireacht Chuidithe (Cumas), 2013 Assisted Decision-Making (Capacity) Bill 2013

Data Protection Policy

KENYA GAZETTE SUPPLEMENT

Number 28 of Health (General Practitioner Service) Act 2014

PERSONAL DATA PROCESSING AGREEMENT

Immigration, Asylum and Nationality Bill

Immigration, Asylum and Nationality Bill

2006 No (N.I.17) NORTHERN IRELAND

Number 37 of 2013 TAXI REGULATION ACT 2013 REVISED. Updated to 1 February 2018

STATUTORY INSTRUMENTS. S.I. No. 255 of European Communities (Takeover Bids (Directive 2004/25/EC)) Regulations 2006

Foreshore Development (Amendment) Act 2013

Number 28 of 2009 CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2009 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General

10 October 2018 Without prejudice

BERMUDA GOOD GOVERNANCE ACT : 35

Internal review decision made under the Freedom of Information Act 1982

EVIDENCE ON THE DATA PROTECTION BILL. For the House of Commons Public Bill Committee by Open Rights Group and Chris Pounder

AN BILLE UM CHOSAINT FOSTAITHE (OBAIR GHNÍOMHAIREACHTA SHEALADACH), 2011 PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) BILL 2011

[No. 14 of 2019] Mar a tionscnaíodh. As initiated

Number 49 of Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015

SUBJECT ACCESS REQUEST

CHAPTER 85:05 SAVINGS SCHEMES ACT ARRANGEMENT OF SECTIONS PART II

TURKS AND CAICOS ISLANDS COMP ANIES (AMENDMENT) ORDINANCE 2017 ARRANGEMENT OF SECTIONS

A Legal Overview of the Data Protection Act By: Mrs D. Madhub Data Protection Commissioner

Number 22 of 2005 VETERINARY PRACTICE ACT 2005 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General. PART 2 Former Council

10622/12 LL/mf 1 DG G 3 A

COMMODITIES TRANSACTION TAX

General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill

Transcription:

DÁIL ÉIREANN AN BILLE UM CHOMHROINNT AGUS RIALACHAS SONRAÍ, 2018 DATA SHARING AND GOVERNANCE BILL 2018 LEASUITHE COISTE COMMITTEE AMENDMENTS [No. 55a of 2018] [05 December, 2018]

DÁIL ÉIREANN AN BILLE UM CHOMHROINNT AGUS RIALACHAS SONRAÍ, 2018 ROGHCHOISTE DATA SHARING AND GOVERNANCE BILL 2018 SELECT COMMITTEE Leasuithe Amendments SECTION 7 1. In page 10, lines 8 to 10, to delete all words from and including excepting in line 8 down to and including data in line 10. 2. In page 10, line 12, to delete and compliant with Article 9 of GDPR. 3. In page 10, to delete lines 20 and 21 and substitute the following: (5) In this section specified body has the same meaning as it has in section 262 of the Act of 2005; public service identity has the same meaning as it has in section 262 of the Act of 2005, subject to the modification that the reference, in the definition of that phrase in subsection (1) of that section, to information specified in subsection (3) of that section shall not include a reference to special categories of personal data.. 4. In page 10, between lines 21 and 22, to insert the following: (6) A specified body may not make presentation of a public services card or access to a person s public service identity the exclusive basis by which a person may verify their identity in order to conduct a transaction or access a service.. SECTION 9 5. In page 10, lines 32 and 33, to delete means the disclosure of information, including personal data, by a public body to another public body and substitute the following: is the execution and operation of defined processes for the exchange of information between one or more entities for the purpose of supporting the delivery of statutory public sector services, or the execution of obligations under EU law. [No. 55a of 2018] [05 December, 2018]

[SECTION 9] SECTION 10 6. In page 10, after line 39, to insert the following: Data governance: meaning 10. In this Act, data governance means a system of decision rights and accountabilities for information-related processes, executed according to agreed-upon models which describe who can take what actions with what information, and when, under what circumstances, using what methods.. SECTION 13 7. In page 14, to delete lines 14 and 15 and substitute the following: (I) as one non-mandatory means to verify the identity of a person, where the first or second mentioned public body is providing or proposes to provide a service to that person, without prejudice to a person s right to verify their identity other than by the presentation of a public services card or access to that person s public service identity;. 8. In page 15, between lines 7 and 8, to insert the following: (d) in a case in which the second mentioned public body is engaged for gain in the production, supply or distribution of goods or the provision of services, the use by that public body of the personal data could not lead to the distortion of competition in trade in those goods or services in the State or in any part of the State,. 9. In page 15, to delete line 14 and substitute the following: (f) the disclosure of the personal data is (i) necessary for the performance of the functions in relation to which the information is being disclosed, and (ii) proportionate in the context of the performance of those functions and the effects of the disclosure on the rights of the data subjects concerned.. 10. In page 15, between lines 14 and 15, to insert the following: (3) A mechanism shall be provided to allow a person to whom a service is being or is to be delivered by a public body to instruct that public body that they do not regard collection of their personal data by any public body directly or on a case by case basis as burdensome and in such an instance subsection (2)(ii)(III) shall not apply.. 2

[SECTION 13] 11. In page 15, between lines 15 and 16, to insert the following: (4) A public body may disclose personal data to another public body, in a case in which this section applies to such disclosure, only where expressed consent has been sought and received from and by the data subject.. Jonathan O'Brien. SECTION 17 12. In page 17, lines 14 and 15, to delete published and made available to any Oireachtas committee on request and substitute in writing. SECTION 19 13. In page 18, to delete line 33 and substitute the following: (r) include in a schedule to the agreement a statement summarising the analysis of the parties in relation to the extent to which (i) the disclosure of the information is necessary for the performance of the functions in relation to which the information is being disclosed, and (ii) the disclosure and safeguards applicable to that disclosure are proportionate in the context of the performance of those functions and the effects of the disclosure on the rights of the data subjects concerned.. SECTION 21 14. In page 20, to delete lines 23 and 24. SECTION 37 15. In page 32, between lines 28 and 29, to insert the following: (4) The Minister shall, when making an order under subsection (1), provide a mechanism to allow a person to whom a service is being or is to be delivered by a public body to instruct that public body that they do not regard collection of their personal data by any public body directly or on a case by case basis as burdensome and in such an instance subsection (3)(b) shall not apply.. 16. In page 33, between lines 17 and 18, to insert the following: (5) The Minister shall, when making an order under subsection (1), have regard to whether provision is made for a person s right to verify their identity other than by the presentation of a public services card or access to that person s public service identity.. 3

[SECTION 37] SECTION 44 17. In page 35, to delete line 23 and substitute the following: (c) view a copy of a data-sharing agreement under which his or her personal data has been disclosed between public bodies, and. 18. In page 35, to delete lines 27 and 28. 19. In page 35, line 33, to delete subsection (2)(a) and (b) and substitute subsection (2)(a), (b) and (c)*. [*This is a reference to a paragraph proposed to be inserted by amendment No. 17.] 20. In page 36, line 5, to delete subsection (2)(a) or (b) and substitute subsection (2)(a), (b) or (c)*. [*This is a reference to a paragraph proposed to be inserted by amendment No. 17.] 21. In page 36, line 9, to delete subsection (2)(a) or (b) and substitute subsection (2)(a), (b) or (c)*. [*This is a reference to a paragraph proposed to be inserted by amendment No. 17.] SECTION 46 22. In page 37, to delete lines 21 and 22. SECTION 47 23. In page 38, line 1, after 2 to insert persons. SECTION 52 24. In page 40, between lines 18 and 19, to insert the following: Reporting 52. (1) The Board shall, not later than 30 June in each year, prepare and submit to the Minister a report on (a) the performance by it of its functions under this Act, and (b) the matters, if any, on which advices have been provided to it by the committees, if any, established under section 48(1), in the immediately preceding year, or, in the case of the period from the date the 4

[SECTION 52] Board is first appointed to the next following 30 June, that period. (2) The Minister shall, as soon as may be after receiving a report under subsection (1) (a) cause copies of it to be laid before each House of the Oireachtas, and (b) publish a copy of it on a publicly accessible website.. [Acceptance of this amendment involves the deletion of section 52 of the Bill.] SECTION 55 25. In page 41, to delete lines 26 to 28 and substitute the following: (iii) is satisfied that the agreement is consistent with Article 5(1) of the General Data Protection Regulation,. SECTION 60 26. In page 44, between lines 26 and 27, to insert the following: (6) The Minister shall, on request from a Committee, send a copy of a data-sharing agreement received by him or her under subsection (1) to that Committee. (7) In subsection (6), Committee means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than (a) the Committee on Members Interests of Dáil Éireann or the Committee on Members Interests of Seanad Éireann, or (b) a subcommittee of a Committee referred to in paragraph (a).. SECTION 72 27. In page 50, between lines 6 and 7, to insert the following: Amendment of Act of 1997 72. Section 917D of the Act of 1997 is amended in subsection (1) by the substitution of the following definition for the definition of digital signature : digital signature in relation to a person, means (a) a qualified certificate (within the meaning of the Electronic Commerce Act 2000) provided to the person by the Revenue Commissioners (or a person appointed in that behalf by the Revenue Commissioners), and (b) an advanced electronic signature (within the meaning of that Act) generated using the qualified certificate referred to in paragraph (a);.. 5

[NEW SECTION] NEW SECTION 28. In page 50, after line 17, to insert the following: Amendment of National Shared Services Office Act 2017 74. Section 6 of the National Shared Services Office Act 2017 is amended in subsection (1) by the substitution of an Oifig Náisiúnta Seirbhísí Comhroinnte for Oifig Náisiúnta Seirbhísí Comhroinnte.. SCHEDULE 29. In page 51, to delete line 18. TITLE 30. In page 7, line 9, after Board; to insert to amend the Taxes Consolidation Act 1997;. 31. In page 7, line 9, after 2005; to insert the following: to amend the Ministers and Secretaries (Amendment) Act 2011; to amend the National Shared Services Office Act 2017;. 6