Data Protection Commission must clarify position on real-time data bidding allegations

• Government must establish when DPC became aware of issues raised on real-time bidding location data

Labour leader Ivana Bacik TD has raised serious concerns about the practice of real-time bidding on location data and about the lack of enforcement action by the Data Protection Commission on this.

Speaking in the Dáil today, Deputy Bacik raised her concerns that the DPC has been aware of the issue for more than eight years following disclosures by a whistleblower. She said that the initial reports about the issues to be raised in the RTÉ programme tonight mean that there may be serious questions for the Government and DPC to answer, when it comes to their joint commitment to protecting people’s privacy and safety.

Deputy Bacik said:

“Prime Time’s exposé on real-time bidding (RTB) location data tonight looks like it will be explosive. Unfortunately, few will be surprised by the fact that tech companies are engaging in this practice. However, many will be rightly outraged that the Data Protection Commissioner appears to have been aware of this illegal behaviour for some years, but it appears to have done nothing about it.

“In response to me in the Dáil, the Tánaiste stated his understanding that the DPC had only became aware of this practice when contacted by Prime Time. But this account does not tally with what the whistleblower and indeed the ICCL have said.

“The ICCL has sought responses on this for years, but none have been forthcoming. There is now a concern as to who in the DPC knew about this, when, and why no actions were taken. Moreover, there are important quesitons to be answered about what the Government have been told.

“Despite having the necessary legislation in place, the DPC has refused to take effective action to protect people, their data and their privacy. The fact that the sale of data about the movements of specific, identifiable people around Ireland is now taking place is absolutely shocking.

“Included in the data set are chilling examples of data showing the movements of individuals to and from military bases, the Dáil and other specific locations; it even shows the movement of family members of prominent individuals, including to and from their homes. This appears to constitute a serious national security threat, and the DPC has questions to answer about how it proposes to act on this. Recent news of threats being made to the safety of the Tánaiste – and his family – and others highlight just how serious this is.

“The Data Protection Commission has received €162.3 million since 2017, so it simply cannot be argued that it does not have the funding to tackle this. Moreover, we have laws in place to facilitate enforcement. After eight years’ inaction, how can this Government continue to have confidence in the DPCto protect the privacy of individuals?”