Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Deputy Daly referred to the GDPR and the manner in which we might consider departing from it.

Article 47 states clearly that processing of personal data for direct marketing purposes may be regarded as carrying out processing for illegitimate interest. I have a difficulty in departing from that.

Deputy O'Callaghan has questioned the matter of the legal advice. It is not my legal advice or the advice of the Department of Justice and Equality. I wish to state for the benefit of the committee member that we engaged on the issue raised by Deputy O'Callaghan with the Office of the Attorney General. The advice appeared clear. I am reluctant, therefore, to depart from the advice of the Attorney General.

I wish to address the amendments referred to by Deputies Daly and Wallace. I too have the letter that both Deputies referenced. There is considerable drawing down on expert opinion, experts and the status and influence of experts. I do not disagree with any of the points that have been raised. One of the signatures of the letter is Professor Mona O'Moore, who would be known to members of the committee. She has years of experience in the area of children's issues.

I accept the fact that there are differing views. I am keen to acknowledge the importance of the process and the report of the committee, wherein you stated, Chairman, in the foreword:

The General Data Protection Regulation will grant significant rights to all citizens in Ireland, but will provide particular protections to children. The Committee has recommended that an appropriate digital age of consent for children is set, and that this age be reviewed as technology evolves.

This is exactly what we are doing in the context of the Bill. We are setting the age at 13 years in accordance with the recommendations of the committee and others and allowing for a review at a future date.

I did not say earlier that consideration was also given by my Department and Government with regard to how a digital age of consent of 16 years would be difficult to monitor and enforce. I am speaking as a father of two girls now in their 20s. They grew up in an age when youngsters were far more tech-savvy than I was. I assure the committee from my experience at home that children aged 13, 14 and 15 years of age have a great deal of knowledge and information technology literacy. Whether we like it, they are in a position to circumvent requirements for parental consent and requirements relating to advices, regulation or whatever. They can do so with relative ease because we do not have age verification methodologies. This is also important in the context of setting ages.

I put it to Deputy Shortall that the matter of child protection is one that can be validly associated with this legislation. It is not that the GDPR is directly involved in child protection matters but there are consequences. One of the consequences is the putting together of an EU-wide code of conduct. I see that as being a great advantage in providing protection for children irrespective of where the child is, where the controller is or where the processor is. That is why the role of the Data Protection Commissioner, once given the power in this legislation to make a submission, is important. I am quite satisfied that encouragement from this office and influence or authority from the office in Dublin will have the effect of playing into and participating in a European data protection board and code of compliance. That will deal with many of the issues put forward in terms of child protection.

I am satisfied that amendment No. 34 will add a greater level of strength to our debate. I am concerned about any departure from the strict reading of the GDPR for obvious reasons. I have heard what Deputy Shortall has said, but she is not long out of government and she was not long in government either, as it happened. It is simply not practically possible to put forward amendments that would have the consequence of bringing about infringement proceedings against Ireland.

I ask the Deputy to accept that on the basis of facts that are within her own knowledge by virtue of having been a Member of Parliament for a long time. Her party supports Ireland's membership of the EU and is familiar with EU law. We cannot dip in and out of EU law in the manner the Deputy would like us to believe we can.