Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

One of the advantages of the amendment dealing with the digital age of consent is that we know, whether we go for 13 or 16 years, we are not going to be in breach of the GDPR because it goes out of its way to give a certain leeway to national states to decide the age at which they want to set it. I am not a Eurosceptic, but it does reveal the extent to which we operate with limited sovereignty when it comes to certain parts of this legislation. I support amendments Nos. 13 and 14 as they are sensible. The only point which would block me supporting them is if they would be in breach of the GDPR if inserted into legislation. We cannot introduce an amendment which would be in breach of the GDPR.

During the course of my earlier contribution I went through the different recitals and articles in the GDPR which were relevant. I regret to say I have not got huge satisfaction from the Minister. He said it would subject it to infringement proceedings. When one looks at Article 6, however, it is the basis of the Minister's contention. He has said processing is lawful if it is necessary for the purposes of the legitimate interests pursued by the controller or third party. That is expressly set down in Article 6(1)(f). It continues to state processing is not legitimate if it is the case that "interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child".

I believe we are entitled to introduce protection where the interests of a child are at stake. The Minister has not really given me the full comfort that I require to believe we will definitely be subject to infringement proceedings.

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