Alice-Mary Higgins (Independent) | Oireachtas source

I welcome this amendment. It is really important and is a key point of clarity. It makes it very clear that the definition of child in this respect is "a person under the age of 18 years". It is a welcome amendment but I would like to signal a real concern which relates to one of the fundamental issues which needs to be addressed in the Bill and with which we need to very seriously engage before the Bill proceeds to Report Stage. The Minister mentioned that under the GDPR there is provision for special restrictions around the use of data and targeted advertising in respect of children and that children need to have particular rights and protections put in place in terms of the use of their personal data. However, in this Bill, lengthy as it is, we do not see any specific restrictions around the use of data relating to those under the age of 18. We have not put into effect any measures, indicated any specific or special restrictions, or laid out clear guidelines. Yes, there is provision under the GDPR, but there is also scope under the GDPR for specific restriction, particularly in the area of advertising and targeted marketing. While we will have a later debate on the digital age of consent, which I do not want to pre-empt, we have heard concerns from across the board from all of those with a view on the digital age of consent on every side about how the data of those aged under 18 is used and targeted.Measures have been taken in the UK which may not be perfectly replicable here and we may look to our own version of them. In the UK, amendments were introduced which sought to restrict the use of GPS data, for example, in respect of those under 18. In terms of GPS data, consent to access it can be given relatively easily, which is important in the context of advertising and how users are targeted. Additional concerns, which have become more intense since the introduction of legislation in the UK, centre on the ease with which people may inadvertently consent to the turning on of recorders or cameras on their phones. There is scope, particularly in the context of child protection, for specific restrictions. One of those mentioned by the Minister, which is made very clear in Recital 65 of the GDPR, is the right to be forgotten. There is an explicit right to be forgotten for those who were under 18 at the time that they consented, for example, to participation in a space or forum or to the sharing of their data. I do not believe there is anything to stop us putting in place measures to require, for example, that a data protection officer would put in place a clear timeframe by which a request to be forgotten by someone who is under 18 or was under 18 at the relevant point is satisfied. We could say, for example, that a request to be forgotten on a site, server or forum should be granted in a timely fashion, that is, the data should be erased within 30 days. I do not think that would contradict the GDPR but would complement it and give effect to it. It would be a concrete child protection measure and in that context, I am indicating my intention to bring forward an amendment on that on Report Stage. That said, I would also be very happy to work with the Minister to ensure that we do it in a way that works for everybody across the House. These are the kinds of concrete measures that we can introduce to ensure that people's experience with the Internet is not negative and to ensure that children, young people and all citizens are empowered. I would like to see concrete measures on the right to be forgotten introduced for everybody but these are absolutely imperative and urgent in respect of children. I ask the Minister to indicate his thoughts on this matter.