Technology Ireland, the IBEC group that represents the technology sector, said it was disappointed with the passing of a series of amendments to the Data Protection Bill just days before the implementation date of the GDPR (General Data Protection Regulation) on Friday, 25 May 2018.
The Government’s proposal to set the Digital Age of Consent at 13, which was supported by industry and children’s rights and advocacy groups, was amended to an age of 16.
In addition, amendments 13 and 14 to the Bill in relation to direct marketing, profiling or micro-targeting appear to be contrary to the express instructions of the European Commission and could ultimately open Ireland to infringement proceedings.
The EU Commission has very clearly specified that “the interpretation of the Regulation is left to the European courts (the national courts and ultimately the European Court of Justice) and not to the Member States’ legislators. The national legislator can therefore neither copy the text of the Regulation when it is not necessary in the light of the criteria provided by the case law, nor interpret it or add additional conditions to the rules directly applicable under the Regulation”.
Technology Ireland believes that the introduction of these legislative changes at the eleventh hour is damaging to Ireland and it urges the Government to review amendments 13 and 14 in the light of prior communications by the EU Commission on this issue.