Dáil debates
Wednesday, 16 May 2018
Data Protection Bill 2018 [Seanad]: Report Stage (Resumed)
3:30 pm
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source
In terms of having a false sense of security, it is not just because of what is in the provision but to an extent what we say and is said in the media that we need to be clear that more needs to be done to ensure the safety of children online. The Minister's opposition to the amendments on micro-targeting and the profiling of under-18s is based primarily on an argument made that there can be no amendments to the principles outlined in EU data protection law. This legislation is not simply a transposition of the GDPR. It is more than that. It is a directive which has direct effect in many aspects. However, this is Irish primary legislation. If the amendment was tabled to other legislation which had nothing to do with the director of regulation, would the same principle apply? There is nothing in the GDPR that prevents the Government and Parliament from making amendments of this kind. The GDPR will come to pass and stand. This legislation is likely to be passed. Ultimately, we have the right and authority to legislate, not beyond EU law but within its constraints. There is nothing in the GDPR which prevents us from providing stand-alone legislation. There is nothing in the amendments which refers to the GDPR. This is the Data Protection Bill 2018. There is nothing in it to prevent us from taking legislative action against micro-targeting. There is the potential for the public interest to override any legitimate desire of commercial organisations to advertise and use this activity. I simply do not see that argument.
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