Written answers

Tuesday, 19 June 2018

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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397. To ask the Minister for Health further to Parliamentary Questions Nos. 749 and 750 of 12 June 2018, if there will be collaboration with the Department of Justice and Equality on same (details supplied); and if he will make a statement on the matter. [26733/18]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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398. To ask the Minister for Health further to Parliamentary Questions Nos. 749 and 750 of 12 June 2018, the way in which his Department's approach to monitoring HFSS food marketing will be affected (details supplied); and if he will make a statement on the matter. [26734/18]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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399. To ask the Minister for Health further to Parliamentary Questions Nos. 749 and 750 of 12 June 2018, the code which will take precedence (details supplied); and if he will make a statement on the matter. [26735/18]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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400. To ask the Minister for Health further to Parliamentary Questions Nos. 749 and 750 of 12 June 2018, the way in which his Department plans to work with the Data Protection Commissioner in a process to encourage the drawing up of a code of conduct to which entities which collect and process children's data would demonstrably adhere as per section 32(e) of the Data Protection Act 2018; the way in which this also relates to his Department's work in respect of a code of practice (details supplied); and if he will make a statement on the matter. [26736/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 397 to 400, inclusive, 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. My officials will collaborate with the Data Protection Commission and other Government Departments, as relevant, in drawing up such codes for the health sector.

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.

The 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 my Department 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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