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Data Protection

Dáil Éireann Debate, Tuesday - 6 February 2018

Tuesday, 6 February 2018

Questions (391)

James Browne

Question:

391. Deputy James Browne asked the Minister for Health if he was consulted on the introduction of a digital age of consent; and if he will make a statement on the matter. [5721/18]

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Written answers

I welcome the recent publication of the Data Protection Bill and consider the protection of personal data, especially data concerning health, as very important in building trust in how data can be used for patient care and treatment, health services management and health research. In 2017, following a consultative process, the Government approved a digital age of consent of 13 years for inclusion in the Data Protection Bill.

Section 29 of the Bill sets out the age of digital consent of 13 years for a child engaging with information society services. It would be important to ensure that the scope and interpretation of the terms "information system services" does not create any conflict with existing legislation, which stipulates older ages of consent in the context of medical treatment and care.

The Government is of the opinion that adopting a "digital age of consent" of 13 years represents an appropriate balancing of children’s rights, namely a child’s right to participation in the online environment and a child’s right to safety and protection, rights that are enshrined in the UN Convention on the Rights of the Child.

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