Written answers

Tuesday, 12 June 2018

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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749. To ask the Minister for Health the way in which his Department is engaging with the Department of Justice and Equality on section 32 of the Data Protection Act 2018, specifically on the provision for the drawing up of codes of conduct intended to contribute to proper application of GDPR with regard to the processing of the personal data of children for the purposes of direct marketing and creating personality and user profiles (details supplied); and if he will make a statement on the matter. [24992/18]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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750. To ask the Minister for Health if his attention has been drawn to section 32 of the Data Protection Act 2018, specifically regarding the provision for the drawing up of codes of conduct intended to contribute to proper application of GDPR with regard to the processing of the personal data of children for the purposes of direct marketing and creating personality and user profiles; and if he will make a statement on the matter. [24993/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 749 and 750 together.

Section 32(1)(e) of the Data Protection Act 2018 provides that the Data Protection Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of the Data Protection Regulation with regard to the processing of the personal data of children for the purposes of direct marketing and creating personality and user profiles.

I am fully committed to protecting the rights and privacy of all individuals, including children, as provided for in the General Data Protection Regulation and the Data Protection Acts.

My Deputy refers to Codes of Practice for the advertising and marketing of food and non-alcoholic drinks. In the context of these Codes, my Department holds no personal data or has no direct involvement in processing personal  data of children for the purposes of direct marketing and creating personality and user profiles. These Codes of Practice provide for monitoring for compliance and effectiveness of the Codes by a monitoring body which I will designate. Monitoring will include independent research to assess adherence. The designated monitoring body will have access to relevant data from companies and partner organisations.

Any new processing activity carried out on behalf of the Department in the future, which involves personal data, will be subject to the full requirements of the data protection legislation, including a data protection impact assessment and any other additional safeguards which may be appropriate.

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