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Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: I have a final question.

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: May I please-----

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: In support of the other speakers-----

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: -----may I ask that we not hear an intervention from Professor O'Neill at this stage? I am asking the committee to move to the other speakers.

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: I seek clarification on the law of contract as it relates to the law of the land and the law of contract as it relates to the GDPR and this regulation. In other words, is the 13-year old entering into a contract for the procurement of services and does the law of the land not supersede that law, in effect?

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: Could Mr. Lupton give the short answer?

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: In other words, the law of the land could supersede it if it is put to the test, the age of consent being 13.

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: I sincerely thank the Ministers for appearing before the committee today. Which of the Ministers present will have responsibility for the digital safety commissioner when that office is established? We need a clear unambiguous answer to that question. The Internet content governance advisory group was constituted in 2013. One of its recommendations was that there would be a specific...

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: As it is a technological issue, I would start with the Minister for Communications, Climate Action and Environment, Deputy Naughten.

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: Is that still a live report?

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: Is the Minister saying the digital safety commissioner will not come under his Department's remit?

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: We need guidance as to where that will sit.

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: I also asked a supplementary question on that issue. Perhaps the Minister may------

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: I thank the Chair. In terms of the EU general data protection regulation, GDPR, on the age of consent, section 29 of the Data Protection Bill 2018 provides that, "The age of a child specified for the purposes of Article 8 is 13 years of age." Article 8 itself says that, in relation to the offer of information society services directly to a child, the processing of the personal data of a...

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: I would like to contribute on the same point?

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: With the Ministers' forbearance, may I ask a final question for clarification purposes?

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: I am sure the Ministers will not mind.

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: Could you give me ten seconds?

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: It is just ten seconds. I beg your indulgence.

Joint Oireachtas Committee on Children and Youth Affairs: Cybersecurity for Children and Young Adults: Discussion (Resumed) (21 Feb 2018)

Seán Sherlock: Initially, I asked about the age of consent and the issuing of entering a contract. The new article is not about a child's general capacity to enter into a contract but it is about a child's capacity to consent to the processing of personal data. The Minister has answered that but I want full and final clarification because it speaks to the issue of the digital age of consent being either...

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