Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Group 5 comprises amendment Nos. 24 to 28, inclusive. These amendments focus on safeguarding children and their data protection rights under the GDPR. The subject was debated at some length in this House. When I introduced sections 29 to 31, inclusive, in response to concerns and worries expressed by Senators I also introduced a review mechanism in section 30, which would have required a review of the digital age of consent of 13 years within three years. I acknowledge the role of Senators in this regard and, in particular, Senator Ruane and others. Since the Bill passed through the House on 28 March, sections 30 and 31 have been further amended and a new section has been inserted. Amendment No. 25 has substituted 16 years for 13 years as the digital age of consent. This means the review will take place within three years of the entry into force of the section, and will now review the suitability of 16 years rather than 13 years. Amendment No. 26 extends the scope of codes of conduct for the protection of children under section 31. It means a code may be drawn up to provide necessary safeguards for the processing of the personal data of children for the purposes of direct marketing and creating a personality and user profiles.

Amendment No. 24 inserts a new section entitled "Micro-targeting and profiling of children". During earlier discussions in the House, and during Dáil debates, I had suggested, based on input from the Office of the Attorney General, that such a provision would be likely to infringe the GDPR and expose the State to infringement proceedings, and perhaps even sanctions. Following acceptance of the amendment by the Dáil, the Department has formally requested legal advice from the Office of the Attorney General and a response is awaited. In the meantime, it may be necessary to delay or defer commencement of this section of the Bill, and I am happy to keep Senators informed of developments.