Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 185:

In page 84, between lines 14 and 15, to insert the following: “(5A) An online safety code as defined in subsection (5) in respect of an interpersonal communications service or a private online storage service shall prohibit the use of encryption backdoors or client-side scanning.”.

The amendment concerns a similar and related issue relating to an online safety code. These measures will likely be part of the digital services directive when it comes through. The amendment states: "An online safety code as defined in subsection (5) in respect of an interpersonal communications service or a private online storage service shall prohibit the use of encryption backdoors or client-side scanning", which are practices that have been identified as being very problematic in respect of the digital services directive. These have been very extensively debated at European level. They are flagged in the balance that has always been sought between having appropriate accountability and measures for safety, and also ensuring appropriate data protection and care for private life.

These are measures so that the online safety code, in respect of interpersonal communications, includes the prohibition of encryption backdoors, which allow, for example, the State to access anything. Let us bear in mind that this one of the really key provisions. The use of and demand for such backdoors in the United States is one of the reasons, for example, privacy shields and other measures in terms of the exchange of data between the EU and the US ran aground. That was because those were not properly clarified and there were no proper safeguards in place.

With regard to "client-side scanning", the idea is that there would be wholesale scanning of the interpersonal communications of persons who are using phone exchange services. I do not suggest that there are not situations where there are areas that need to be appropriately investigated. There are measures, such as warrants, that can be used in respect of those rather than the idea of a backdoor or routine scanning process.

These matters are quite serious and are a problem. Another way to address them would be for the interpersonal communications and private online storage services, which do not fall within the remit of the AVMS directive, to be bracketed aside and then added through the legislation the Minister has mentioned is going to be introduced regarding the digital services directive. These are digital services, effectively, rather than online broadcast or online spaces in the classic sense of being public spaces or public services being accessed. It would be more appropriate that they be addressed under digital services directive legislation. If they are not going to be addressed in that way, we need to make sure that the key safety concerns, which were identified during the digital services debate, are reflected in this Bill as well.