Alice-Mary Higgins (Independent) | Oireachtas source

I want to highlight what I believe to be a potential gap in legislation. It is a pity that the matter about which I am concerned is not explicitly addressed. I hope that it may be addressed by means of a ministerial order or regulation or through other means in the future. I refer to the use of behaviour targeted advertisements and the use of end-user consumer information management. This is a major source of revenue and it relates to behavioural targeting. The area is largely unregulated. It is a major revenue source for certain economic actors. I am speaking about well-known entities such as Facebook, YouTube, Twitter, Google, LinkedIn and many others. These are all major and important actors within Irish society. They also use this form of profit generation. In view of the lack of regulation in this area, it is also open to use by any start-up or company. For example, certain companies used such information in active ways in respect of recent elections in the USA and during the Brexit referendum. I am not implying that these companies are abusing the data but I am concerned about how consumer rights are being protected in this area. I am also concerned about the vulnerabilities that are evident. For example, when data is being gathered without appropriate screening or mechanisms for the protection of such data, it is sometimes used to target vulnerable individuals and, in some cases, provoke extremist political reactions. There is a question over how content and data are being used and how data is being gathered. There is also a question regarding transparency in respect of the use of data.

There is little in existing legislation that would stop any new start-up from dramatically abusing extremely detailed data lawfully collected from the system. I recognise that the Bill deals with non-lawful action in the criminal area, but I am keen to highlight those areas that may be legal but in respect of which regulation and transparency are required. For example, it would be positive to consider whether transparent algorithms might be provided whereby people can see the way in which they are being targeted or whereby the scope of material they are getting is being narrowed. Several practical suggestions are open to us. I am suggesting to the Minister of State that we might have a chance to discuss this in another way or to bring it forward, if not by means of this legislation then through regulation.

We need to be concerned about this matter in terms of privacy and consumer protection. It is also very important in the context of the wider sense of politics and extremism, as well as the targeting of people to be recruited into extremist movements. There has been strong manipulation. We have also seen how it has been used in terms of mental health issues.

Section 6 makes clear that it is an offence for a person who does not have lawful authority to use programmes, code or data for illegal purposes. Will the Minister of State look into the misuse of data that is collected legally? Will he consider the regulation of the collection of data in greater detail? Will he investigate what might be done on a national level to protect Irish citizens and all those who reside in Ireland from this form of manipulation or any potential crime that may flow from it?

I have a comment in respect of section 10. This is positive and timely legislation. It is great to see Ireland taking a grip on these issues and addressing them at a time when they are pertinent. However, I am trying to unpack some other issues - I know it is complicated. I would like us to take a lead in the context of jumping into those areas as well in order that we do not see some of the extreme situations that have been experienced elsewhere, particularly regarding interference in electoral processes. The Netherlands has moved back to a paper system of voting, such is the concern of those responsible. The authorities there have moved back to a paper system on foot of the concern regarding illegal interference in the voting system. This is one form of interference. The legislation is the kind of instrument that will help to protect against such outcomes. There are other forms of interference, manipulation and exploitation and we need to consider them as well.