Alice-Mary Higgins (Independent) | Oireachtas source

I will speak to the amendments in order. Very strong arguments were made across the House on the previous occasion regarding the question of the age of digital consent. I have already indicated that I have moved back and forth on the issue. I have serious concerns about the younger age of consent in terms of the protections that might be afforded. One of my key concerns is about the right to be forgotten. I highlighted the importance of the right to be forgotten previously and I very much welcome Government amendment No. 13 to address the issue. I also welcome the review clause that has been introduced because we need to be open to examining the issue. I am open to it and have found very persuasive arguments on the different perspectives on the digital age of consent. It is very important to have that openness and that we have the review conducted in a timely manner. When the review occurs it should look at the evidence on how the differing ages of consents have been implemented across Europe. Various European jurisdictions have taken a different perspective on the digital age of consent. We should ensure that the review is fully informed by the concerns and consequences that may have arisen from the ages of consent that have been set.

I will return to the right to be forgotten. It is fundamental. I am glad it is made clear. If 16 or 17 year olds wish to remove information they have shared on a social platform and the Internet, for example, when they were 13 or 14, it is vital it is done in a timely way and is something that can be done quickly. On issues such as cyberbullying and digital safety, I support the introduction of a digital safety commissioner but it is vital it is practicable.

The amendment is very good. I would like if it had made more explicit reference to the points in Recital 58 of the GDPR, which is very clear that the way it is put into effect needs to be concise, easily accessible, easy to understand, in clear and plain language and with visualisation and visual images where necessary. It is something to which the ISPCC and others have referred. The importance of ensuring that information such as the right to be forgotten is presented in a child-friendly manner in order that a 17 or 18 year old, without having to go to their parents, can activate the right to be forgotten.

My colleague has spoken very clearly on the code of conduct. It is a lovely thing to see the code of conduct but it is very concerning that it is not clear how it is to be enforced and is not clear that such codes of conduct will even need to be in place because the commission shall only encourage the drawing up of codes of conduct. It needs to be a lot more robust.I suggest that we still will be obliged to put forward amendments Nos. 10 and 11, which deal with the actual nuts and bolts and which say that we should not have the commercial processing of data. When we spoke earlier in this debate today, we talked about micro-targeted advertisements. My colleague has spoken about the micro advertisements that appear on of the websites of 14 and 15-year-olds such as Facebook. Can the Minister see his way towards supporting our amendments and ensuring that such inappropriate commercial targeting does not place in respect of those under 16? A key question in respect of amendment No. 11 is crucial in respect of the Facebook issue because the key issue there was not simply the information people shared about themselves but the information of those with whom they were in contact, the information they inadvertently shared and the information relating to their friends and families. The key issue relating to the Facebook scandal was the ease with which people could inadvertently share information about those close to and around them. This amendment tries to tackle that issue. Perhaps the Minister might clarify the position regarding information shared previous to the digital age of consent in terms of the right to be forgotten or eliminated. In many cases, persons will not even know that the information has been shared and consequently are not in a position to exercise consent or indeed seek removal. I have a suggestion the Minister might take on board as this Bill goes to the Dáil. As a complementary measure to the code of conduct, would it be possible to introduce specific regulations that would give the Minister the power to introduce mandatory requirements in order that he can produce a set of regulations under that section 33, which would include consent as is appropriate, as well as those additional safeguards relating to the processing of the previous special categories of information in respect of children such that there might be a higher bar on the processing of personal data in respect of children using that section of the Bill? It may be a way of approaching this and giving us a more robust requirement. On the right to be forgotten, I thank the Department for taking that on board. It will make a real concrete difference in children's lives.