Helen McEntee (Meath East, Fine Gael) | Oireachtas source

The GDPR is determined and interpreted by the European Court of Justice and I think the court has been clear in saying that where there is a serious offence, including rape, sexual assault and abuse, there is absolutely no right to be forgotten. There is a right where it is a minor offence. We talk here about trying to work with people who want to change their lives and turn their lives around following minor offences. There can be an impact on their applying for jobs or on their personal life. Where it is a minor offence I think we can agree it is something that is not at the same level as a serious offence. I stress a sexual offence of any nature is never going to be allowed to be forgotten. I am not aware that there have been cases won by any of the companies because time has elapsed. If there are cases they can be presented to me but this is absolutely clear. I share the Deputy's concerns that if these types of cases were being removed it would be a very serious offence but at the moment the court is clear on how this is interpreted and any type of sexual offence cannot be removed. There is no right to remove it. It is in the public interest and it is vital victims know that and that they are reassured by that.

I engage with different companies. I recently met Meta, or Facebook, on the issue of working with it to ensure every protection and measure is put in place to protect and support victims of sexual abuse, domestic violence and assault. There was discussion of ensuring technology is used for the better to support people because as we know, as technology evolves there are those who wish to use it for their own reasons and that can obviously have significant negative impacts on people, whether it is for abuse or other reasons as well. There is an obligation on the companies themselves to protect the people who use their platforms.

The law is very clear here, namely, there is no right to be forgotten in any type of a sexual offence. If that were to change, or if there were to be court rulings to that effect, it is something I would raise at European level.

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