Denis Naughten (Roscommon-Galway, Independent)
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21. To ask the Tánaiste and Minister for Justice and Equality the steps being taken to allow families to avail of the digital right to be forgotten by erasing the social media profiles of a deceased person; and if she will make a statement on the matter. [34860/24]

Helen McEntee (Meath East, Fine Gael)
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I can advise the Deputy that the Government is committed to delivering effective data protection regulation and protection of the data privacy rights of EU citizens.

As the Deputy will be aware, the General Data Protection Regulation does not apply to the personal data of deceased persons.

The rights of the relatives of deceased persons to control the social media accounts of a relative will, largely, depend on the terms and conditions of the consumer contract entered into with the social media service provider.

It is important to note that digital communication, whether online or on social media, is regulated primarily under EU law.

The Deputy may be aware of the Digital Services Act (DSA), an EU Regulation that came into force on 16 November 2022 that applies to intermediary service providers, including social media sites and search engines.

The Regulation introduces a significantly strengthened framework of obligations and enforcement in EU law, both for online platforms and social media platforms, at all levels. This particularly applies to Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs).

It is designed to combat the proliferation of illegal content online, imposing specific obligations on those providers that are intended to improve, for example, transparency, handling of complaints and risk management. The number and type of obligations on any one platform or search engine will depend on the nature of the services it provides and the number of users it has in the EU.

While the provisions of the Digital Services Act are not specific to the digital right to be forgotten, its enhanced transparency and new complaint handling procedures are expected to support effective engagement with the providers.

The Government has already brought to enactment the Digital Services Act 2024, which supports the implementation of this important new EU Regulation and has designated Coimisiún na Meán to be the Digital Services Coordinator for Ireland.

My Department has no responsibility for this legislation, which is under the remit of the Department of Enterprise, Trade and Employment.