Alice-Mary Higgins (Independent) | Oireachtas source

I will be brief, as I am conscious that others have debated the issue. I am happy to engage further with the Minister on it. Even though I understand where amendment No. 164 is coming from, we had extensive debate on very similar issues when the data protection legislation was going through. It is not simply the age of consent in terms of when one begins to have an online account, the question is what one may consent to. Even parental consent is often not a great screen sometimes because, while it may be fine in terms of that content, the problem is what the data are then used for. That is where the question of the commercial regulation is crucial in this area, and perhaps enhancing those provisions in terms of the commercial communications. The section, which was inserted on our behalf in the Data Protection Act, sought not simply to have an age at which a child might sign up, based on the idea of a digital age of consent, but if somebody does sign up at 12 or 14, his or her data should not be able to be gathered and he or she should not be construed as giving consent to other uses of that data, such as commercial marketing.Basically, we went by limiting how children were targeted by commercial actors rather than just limiting or regulating the point of access for children. It put a burden on those who are engaging in online commercial activities that target children. That might sometimes be a more effective way of coming at this issue. I would note, notwithstanding our own amendment, which I will withdraw and reserve the right to come back on with regard to education, that I respect that we want to get the issue of educational information in order that children are empowered and can know what they are dealing with.

I would have one caveat that comes between the two, however. Since we started debating this Bill, it has been brought to my attention that educational online video material for children, even though that material may itself be very educational and positive, often harvests the data of children in some cases. There is, therefore, a real need to ensure that if a person accesses positive educational online content, to which many parents will say "Yes" and give consent and everything else, there is not a link between that educational online provider and a number of commercial actors that many then use the data. Sometimes the educational aspect is the upfront bit to which people agree but children's data is actually used outside of that and maybe even as the business model. Again, that is just to mention it. I think that perhaps spans amendments Nos. 164 and 165.