Digital age of consent should be set at 13 years of age - Justice & Equality Committee report

The Committee also recommends that the digital age of consent should be reviewed at appropriate intervals to ensure it remains suitable as technology evolves.

A detailed consultation should take place with children of all ages to ascertain their views on the proposed measures for data protection, the Committee says.

The Committee recommends that a definition of who is a ‘child’ be included in the proposed legislation. The definition of ‘child’ – as per Article 1 of the United Nations Convention on the Rights of the Child (UNCRC) – should include every person below 18 years of age.

Other recommendations include:

•    Older Data Protection Acts should be repealed in their entirety and provisions within these Acts which may require retention can be preserved by enacting stand-alone legislation.
•    The report recommends that the Law Enforcement Directive be transposed in separate legislation to the General Scheme of the Bill.
•    The text of the General Data Protection Regulation (GDPR) be included verbatim in the proposed legislation as an appendix. This will help ensure transparency and consistency when the legislation is enacted, the Committee said.
•    Following the enactment of the proposed legislation, consideration should be given to producing an administrative consolidated version of the GDPR with the corresponding national law provisions. This will result in individuals only having to read through one document when ascertaining their data protection rights and obligations. This would make data protection law more accessible, and aid the safeguarding of citizens’ fundamental right to protection of their personal data.
•    Fines be administered to public bodies in breach of the new data protection legislation where appropriate, in order to encourage compliance with the new legislation.
•    An explicit right to compensation be outlined in the new legislation for breaches of data protection provisions.

Committee Chairman Caoimhghín Ó Caoláin said: “The issue of data protection has become a prescient one in the digital age, as people conduct more tasks online. Ireland is positioned as a fulcrum of activity for multinational technology corporations, and must therefore ensure that stringent data protection regulations are in place to protect its citizens. Data protection involves a number of complex components, and must strike a balance between, on the one hand, allowing enterprises and public bodies to function effectively, and on the other, the right of citizens to privacy.

The General Data Protection Regulation will grant significant rights to all citizens in Ireland, but will provide particular protections to children. The Committee has recommended that an appropriate digital age of consent for children is set, and that this age be reviewed as technology evolves. The Committee has also recommended that children be consulted on data protection provisions to ascertain their views on the legislation, and that educational programmes be enacted to empower them to stay safe online. A copy of this report and recommendations has been sent to the Minister for Justice and Equality. The Committee hopes it will assist and inform the drafting of the eventual Bill itself.”

The full report and its recommendations can be accessed here.