Seanad debates

Thursday, 22 March 2018

Data Protection Bill 2018: Report Stage

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I move amendment No. 8:

In page 23, line 6, to delete "is 13 years of age" and substitute "shall not be a lower age than already defined in Article 8".

I note the Minister's proposed amendment No. 9 on a review operating in respect of these subsections and I welcome it. My views have not changed since the previous occasion and repeating them would be somewhat needless. We have to be conscious of the role of parents and their entitlement, in respect of children under their guardianship, to make or be involved in decisions that can have significant effects on those children.

I support the proposals made by Senators Ruane and Higgins in amendments Nos. 10 and 11. I welcome the Minister's amendments Nos. 12 and 13. Will he indicate whether the role of the commission in encouraging the drawing up of codes of conduct has teeth? Will he explain how it would work and why people would be likely to draw up such codes of conduct and comply with them? How does he envisage his new section 31 operating? I strongly welcome the new section 32 on the right to be forgotten. It is important. I reiterate what I said to the Minister on a previous occasion. Whatever procedures are laid down in respect of the right to be forgotten, especially if we are dealing with young, immature people, they have to be so simple that they can be easily implemented. One cannot ask 14 or 15 year olds to behave as if they are law students, law graduates or law professionals in respect of their own affairs. There has to be a simple way of exercising the right to be forgotten. I hope that whatever is done will not merely exist as a remedy on paper but will be capable of being exercised by children so as to allow them, with the benefit of hindsight, to tidy up their profiles on social media platforms in particular.

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