Seanad debates

Tuesday, 27 February 2018

Data Protection Bill 2018: Committee Stage (Resumed)

 

2:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I do not disagree with the points that have been made in respect of ensuring a special level of protection having regard to the special status of the persons we are dealing with, namely, children. However, for the purpose of the amendment and to ensure clarity in the legislation because specific reference is made throughout the GDPR on the matter of a child or children, it is important that we clarify the issue in domestic legislation as to what we mean by the status of a child. That is why the amendment does no more than provide for that measure of clarity. It accords with the de factoposition in our country anyway where across a range of legislative frameworks, procedure and practice, the definition of a "child" is a person under the age of 18.

With regard to many of the issues raised by Senators Higgins and McDowell, I am very much open to giving careful consideration to the type of protections that might be deemed appropriate and necessary in this legislation. We have an opportunity later to so do but, for the purpose of clarity, I do not want at this stage to go beyond this definition. I ask Senators to agree that it is appropriate to insert a new section 29 at this point in the Bill defining for the first time a child as being a person under the age of 18.

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