New EU Data Protection rules allow the age to be set between 13 and 16
The Government Data Forum, chaired by the Minister for Data Protection, Dara Murphy T.D., is seeking the views of experts and stakeholder groups on the appropriate age limit under which children require parental consent to sign up to digital services that collect or process personal data.
Under the new European General Data Protection Regulation, which will enter into force in May 2018, the age under which children require parental consent to sign up to digital services involving the collection and processing of their personal data is set at 16. However, under the Regulation, it is open to individual Member States to introduce national legislation setting this limit at any age between 13 and 16.
As part of its work programme, the Government Data Forum is preparing for when the new EU data protection rules become law in May 2018. At its last meeting, the Forum agreed to examine the issue of the digital age of consent for children in more detail and to prepare a position paper on the appropriate age limit in an Irish context. This paper will feed into a wider public consultation process that the Department of Justice will carry out shortly as part of legislative preparations for the entry into force of the new EU rules.
Minister Murphy called for a national debate on the digital age of consent for children under new data protection rules. He stated:
“New EU data protection rules will come into force in May 2018 which strengthen the requirement for organisations to obtain people's consent before processing their personal data. Importantly, the rules require parental consent to be given for children and young people below a certain age, before they can sign up for digital services."
“As part of our preparations for the introduction of these new rules in Ireland, we will need to decide the most appropriate age for our young people to be able to give their consent to the processing of their personal data when signing up to digital services, such as social media. The new EU rules allow individual Member States to set the age anywhere between 13 and 16. Below that age, parental consent will be required.”
“It’s extremely important for the protection of our young people in Ireland and their data privacy that we get the age limit right. We need to have an informed national debate on this issue. With that in mind, the Government Data Forum has written to organisations with expertise in the youth, education, digital and data protection areas, seeking their views, and will prepare a position paper on the issue.”
“The work of the Forum will feed into an important public consultation that the Department of Justice will carry out shortly as part of legislative preparations for the entry into force of the new EU rules.”
Notes to Editors:
1. Dara Murphy T.D. is Minister of State for Data Protection at the Department of the Taoiseach and the Department of Justice and Equality.
2. The Government Data Forum brings together a broad mix of expertise and experience from business, academic, civil society, law and the public sector to consider and advise Government on key issues around the growth of digital and personal data.
3. Article 8 of the EU General Data Protection Regulation concerns the conditions applicable to a child’s consent in relation to information society services.
4. The Department of Justice and Equality has lead legislative responsibility for data protection.