Sale of real-time location data
Deputies warn that sensitive location data on tens of thousands of people is being sold online, posing national-security and personal-safety risks. The Tánaiste says the Data Protection Commission is investigating and invites constructive legislative proposals.
I again express my solidarity with the Tánaiste and his family in the face of the horrible threats made against him, which I have condemned. Indeed, they are profoundly anti-democratic. We know that the online space plays a huge role in fomenting this sort of hate. In that context we should all be concerned to see the exposé on RTÉ's "Prime Time" tonight, which will show the serious national security threat arising from the sale of real-time bidding location data. "Prime Time" investigators were handed RTB data showing movements of individuals, including family members of prominent individuals around their homes and other spaces. The Tánaiste's experience highlights just how serious and how appalling this could be.
It is no surprise tech companies are doing this but what is surprising is that the Data Protection Commission has been aware of this illegal behaviour since a whistleblower informed it in 2017. It is not about lack of legislation or lack of money. We understand the DPC has received €162.3 million since 2017. Given that the DPC has been aware of the use of RTB location data for eight years, how can we continue to have confidence in the DPC to protect people in the face of what could be a very serious threat to individual privacy and indeed could amount to a national security threat?
Comment on this
I thank the Deputy for her kind words. On this matter, very serious issues have been raised here. I am reluctant to overly comment on them because I am trying to establish all the facts of this case. I am concerned over what I have heard and read this morning. My understanding, based on a note provided to me, is that the DPC first became aware of the matter when contacted by "Prime Time" and is extremely concerned by it. That is what I have been told here. Location data can obviously reveal a very significant amount of information about individuals, including information about an individual's habits and personality, information that is inherently sensitive. It can be more sensitive in relation to people carrying out particular jobs or duties in our State. Of course, any individual's location information in that regard can pose a serious risk to the security and well-being of an individual.
The Department of Justice, Home Affairs and Migration is aware that the Data Protection Commissioner is looking into these matters. I have no doubt we will require further answers on this in the days ahead. It raises a broader issue, which I hope we can have time to discuss in this House, about online regulation. There are new things coming in about political regulation and regulation of online political content, which is grand, fine and no problem, but that is not really what is threatening our democracy, in my view. The problem is not with political parties taking out ads on Facebook; it is with those people who are not political parties often with anonymous accounts threatening to subvert our democracy and spew the place with misinformation. There is a need for a debate on this also.
Comment on this
As we have heard today and as will be on "Prime Time" this evening, it has been reported that the location data of tens of thousands of Irish people is being sold online. This data tells the buyer where people live and their place of work even if it is some sensitive location like a military base or a women's refuge. It tells them when people went to the doctor, where the park is that they take their kids to play in and whom they met there. That buyer is anyone who can reasonably pose as a company that wants this data for analytics. That could be a vengeful ex-boyfriend, a disgruntled former colleague or anyone on the Internet who wants to know exactly where someone is.
The reason that these companies believe that it is okay to sell this information is that with every app we download and every website we visit, we accept terms and conditions. In the thousands of words of legal jargon that they do not want us to read, they give themselves the right to sell that location data to whomever they want. The Tánaiste just gave a response indicating that this is new but it is not a new issue. It is something the DPC has been aware of for many years and has failed to act on. Why is our regulator unable to regulate when it comes to our most personal information? How can the Tánaiste stand over the DPC as a credible organisation? The Government's answer to any of these issues relating to online safety is to work with big tech companies and not to limit them. When will it enforce and properly police the behaviour of these platforms?
Comment on this
We should work collaboratively on this. When is anybody going to bring forward proposals or ideas? As this is a legislative Chamber, I am interested in the Deputy's ideas on this. I am interested in working constructively with people on this as well. This is information that I am trying to respond to in real time. The Data Protection Commission has advised that it is taking the assertions made in the programme very seriously and that it is investigating the operators concerned. Key issues will be whether these operators are complying with data protection law and whether the brokers concerned are based in the State, elsewhere in the EU or in third countries. This raises very significant issues. There is also the point that every time someone goes onto a weather app, they agree to give their location. There is a very significant issue here with the information that people are providing perhaps without full knowledge because of the jargon and the amount of material people have to read.
Based on the initial reports that I have read, although I reserve the right to see the full programme and have all the facts established, I am also concerned when I hear of particular references to this place and other institutions in the State and the potential issue that Deputy Bacik raised as well. I look forward to having more detailed briefings from the Minister for justice and the Data Protection Commissioner in due course.