Seanad debates

Thursday, 3 December 2020

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee Stage

 

9:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 7:

In page 91, between lines 14 and 15, to insert the following:

“(b) by the substitution of “14 years” with “18 years” in all places where it occurs within this section,”.

This amendment relates to one of the many concerns in respect of our international protection legislation. Whether the Minister accepts it today, it is one we need to look to. At the moment, the legislation allows for the taking of the fingerprints, without parental consent, of anybody over the age of 14. I note that, in other legislation, 18 years is what is specified in terms of a child. Specifically, under the Data Protection Act 2018, fingerprints are very much a part not just of personal data but of special categories of personal data that we are obligated under GDPR to treat with particular sensitivity. The Data Protection Act defines a child as anybody under the age of 18.

I am very concerned. Effectively, we already have a legal anomaly if our international protection legislation is treating a child as anybody under 14 and allowing for the taking of personal data, whereas our data protection legislation would treat a child as being under the age of 18. This is an anomaly that exists currently in the legislation. Again, it is regrettable that this Bill is being rushed because, in fairness, it has been coming for a long time and we could have started a month ago and got it right. That said, this would have been an opportunity to address that anomaly in law.

Comments

No comments

Log in or join to post a public comment.