Seanad debates

Tuesday, 27 February 2018

Data Protection Bill 2018: Committee Stage (Resumed)

 

2:30 pm

Photo of Lorraine Clifford LeeLorraine Clifford Lee (Fianna Fail) | Oireachtas source

Like other speakers, I am glad to be here tonight to speak on this very important issue. We have heard a great deal of debate in the House across the aisle and in the media on this issue, which is very relevant. As lawmakers, we are grappling with it because it is so new and evolving and, as such, we are not as familiar as we really should be with the concerns that exist. I also wish to reserve Fianna Fáil’s position on the age issue. I have researched the issue and am tending towards the age of 13. However, there are others in my party who have not yet arrived at a position and who are considering the proposal of 16 years of age. We want more time but, regrettably, it seems the legislation is being rushed to comply with the EU regulation. We should have been afforded more time to debate such an important issue. However, we are here now and will engage in a consultative process over the coming weeks and months.

Rather than going over old ground already covered by other speakers, I intend to focus on the issue of education, which is the key one whether the age is 13 or 16. Children and their parents or caregivers must be aware of the dangers posed by online activity. Senator Ruane laid out clearly that ten and 11 year olds can get over the age of consent, so whether we set it at 13, 15, or 16 is irrelevant if the children themselves are not familiar with the threats that exist. Their parents may not be familiar with them either. I am relatively young and digitally engaged but am still shocked on a daily basis by what is out there. Senator Higgins made the point very well that not every family offers a safe space for their children for whatever reason and not every child will be able to obtain consent to access vital services. Life is conducted online whether we like it or want it. Senator McDowell laid out the very real risks posed to all of us, including anxiety, depression, lack of sleep and disturbance of sleep patterns generally due to our digital activity. That said, people's lives are conducted online and if access points, support services and advice are cut off, in particular for teenagers who might be finding their way in the world, one excludes people and perhaps creates even more problems.

I spoke to a colleague earlier who told me his 14 year old son's football team’s arrangements about training and matches are conducted on Facebook and WhatsApp. If one does not allow a child to engage in that or if a child cannot obtain the consent to engage, he or she will be excluded from a very healthy activity like engaging with a local football team. That is why education is central to this and we should be seeking to determine how we can support the education of both children and their parents to allow them to give consent and education themselves, create a safe space and protect children, as Senator McDowell outlined. The reference to scratch cards does not compare like with like. Scratch cards involve gambling, pure and simple, and there is nothing positive about obtaining one. Engaging in digital activity is overwhelmingly positive, albeit it creates or engages threats. Therefore, I reserve the Fianna Fáil position. It is something on which we will engage in a great deal of debate in the coming weeks.

I refer to our amendment in the grouping on reasonable efforts to obtain verifiable consent. We should consider listing the exact methods to communicate with parents. Provision for dual verification might be made. As Senator Ruane pointed out, her daughter was well able to take her phone and get a verification code. If there were two methods of verification, we might have a safer space for children. I ask the Minister to consider the amendment.

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