including: scanning the computer(s), preserving the computer(s) by not using it,
taking extracts from any electronic record or computer program in the computer(s),
and (with the owner’s consent) taking possession of the computer(s).
173
The Commission does not administer the abovementioned statutes. Instead:
• the Criminal Procedure Code is administered by the Ministry of Law and related
authorities
174
;
• the CMA is administered by the Ministry of Home Affairs
175 ; and
• the Cybersecurity Act is administered by the Cyber Security Agency of
Singapore.
176
3.3 Minors
The PDPA does not specify when a minor (an individual less than 21 years-old) may
give consent.
177 The rights of parents in respect of their children are also not
specified in the PDPA.
178 Instead, whether a minor can give consent, and the rights
of parents in respect of their children, would depend on other relevant laws.
179
However, the Commission has specifically issued guidelines on obtaining a minor’s
consent.
180
For instance, organisations should consider whether a minor has “sufficient
understanding of the nature and consequences of giving consent”.
181 The rule of
thumb (based in part on the United States Children’s Online Privacy Protection
Act
182 and the Singapore Employment Act
183 ) is that an individual who is at least
13 years old would have sufficient understanding to consent on his/her own
behalf.
184 However, where there is reason to believe or it can be shown that a
minor aged 13 or over does not have sufficient understanding of the nature and
consequences of giving consent, or the minor is under 13, the organisation should
173 Cybersecurity Act s 20.
174 Singapore Parliamentary Debates, Official Report (19 March 2018) vol 94.
175 Singapore Parliamentary Debates, Official Report (3 April 2017) vol 94.
176 CSA Singapore: Who We Are. https://www.csa.gov.sg/who-we-are/our-organisation. Accessed
30 August 2019.
177 PDPC Advisory Guidelines for Selected Topics para 7.1.
178 PDPC Advisory Guidelines for Selected Topics para 7.7.
179 PDPC Advisory Guidelines for Selected Topics para 7.1 (discussing PDPA s 4(6)(a)), para 8.7.
180 PDPC Advisory Guidelines for Selected Topics paras 7.1–7.13.
181 PDPC Advisory Guidelines for Selected Topics para 7.6.
182 15 USC Chapter 91.
183 Cap 91, 2009 Rev Ed.
184 PDPC Advisory Guidelines for Selected Topics paras 7.3–7.6.
326
E.-I. Ong
taking extracts from any electronic record or computer program in the computer(s),
and (with the owner’s consent) taking possession of the computer(s).
173
The Commission does not administer the abovementioned statutes. Instead:
• the Criminal Procedure Code is administered by the Ministry of Law and related
authorities
174
;
• the CMA is administered by the Ministry of Home Affairs
175 ; and
• the Cybersecurity Act is administered by the Cyber Security Agency of
Singapore.
176
3.3 Minors
The PDPA does not specify when a minor (an individual less than 21 years-old) may
give consent.
177 The rights of parents in respect of their children are also not
specified in the PDPA.
178 Instead, whether a minor can give consent, and the rights
of parents in respect of their children, would depend on other relevant laws.
179
However, the Commission has specifically issued guidelines on obtaining a minor’s
consent.
180
For instance, organisations should consider whether a minor has “sufficient
understanding of the nature and consequences of giving consent”.
181 The rule of
thumb (based in part on the United States Children’s Online Privacy Protection
Act
182 and the Singapore Employment Act
183 ) is that an individual who is at least
13 years old would have sufficient understanding to consent on his/her own
behalf.
184 However, where there is reason to believe or it can be shown that a
minor aged 13 or over does not have sufficient understanding of the nature and
consequences of giving consent, or the minor is under 13, the organisation should
173 Cybersecurity Act s 20.
174 Singapore Parliamentary Debates, Official Report (19 March 2018) vol 94.
175 Singapore Parliamentary Debates, Official Report (3 April 2017) vol 94.
176 CSA Singapore: Who We Are. https://www.csa.gov.sg/who-we-are/our-organisation. Accessed
30 August 2019.
177 PDPC Advisory Guidelines for Selected Topics para 7.1.
178 PDPC Advisory Guidelines for Selected Topics para 7.7.
179 PDPC Advisory Guidelines for Selected Topics para 7.1 (discussing PDPA s 4(6)(a)), para 8.7.
180 PDPC Advisory Guidelines for Selected Topics paras 7.1–7.13.
181 PDPC Advisory Guidelines for Selected Topics para 7.6.
182 15 USC Chapter 91.
183 Cap 91, 2009 Rev Ed.
184 PDPC Advisory Guidelines for Selected Topics paras 7.3–7.6.
326
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