Cathal Crowe (Clare, Fianna Fail)
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286. To ask the Tánaiste and Minister for Justice and Equality the measures his Department is taking to curb the extent to which people are tracked by apps on their smart phones; and if he will make a statement on the matter. [52180/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The issue of selling precise location data generated by mobile phones – brought to light by the recent RTÉ Prime Time programme – raises serious privacy, data protection and security concerns.

The processing of personal data is regulated at EU level by the General Data Protection Regulation (GDPR). This affords the most appropriate level of protection to individuals, having regard to the often complex, cross-border nature of data flows. I am advised, that at this juncture, there is no indication that additional legislation is required to address this issue.

The Data Protection Commission is Ireland’s independent Data Protection Authority (DPA) under the GDPR. Notwithstanding its independence, my Department’s officials have met with the DPC in relation to the serious issues raised in the Prime Time programme, and will continue to do so on this important matter.

I understand the DPC has engaged with the data broker in question based in Ireland and at the DPC’s request, the broker has suspended all services involving location data relating to Irish users. The DPC is continuing to engage with the company and this will guide its next steps, including further regulatory action. The DPC has also identified two other companies involved, which are based in two separate EU member states. The DPC is using its powers under the GDPR to engage with the relevant DPAs in the member states concerned, which are responsible for regulating those companies. In addition to the DPC’s investigation, I am informed that the Commission is reviewing what further guidance it can publish on the protection of personal data in the circumstances concerned.

As this matter is now subject of a DPC investigation, and the DPC is independent in the carrying out of its functions, I do not propose to comment any further at this time.