white_paper_on_data_protection_in_india_171127_final_v2

CHAPTER 2: CHILD’S CONSENT
2.1 Introduction
It is estimated that globally, one in three Internet users is a child under the age of 18. 418
Although Internet-use among children is very common and children are becoming more
familiar with technology, they are viewed as being more vulnerable than adults online. They
may be more easily misled, given their lack of awareness with respect to the long-term
consequences of their actions online. 419 Therefore, children represent a vulnerable group,
which may benefit from receiving a heightened level of protection with respect to their
personal information. 420
Keeping in mind their vulnerability and increased exposure to risks online, there has been a
call to take into consideration the rights of children in the ―digital age‖. To this effect, the
United Nations Convention on the Rights of the Child (UN CRC) recognises children‘s rights
to protection, including a specific protection against arbitrary or unlawful interference with
children‘s privacy and unlawful attacks on their honour and reputation. 421 Previously, most
informational privacy laws were designed for everyone, without a special focus on protecting
the processing of children‘s personal information. However, studies conducted across the EU
and the US have highlighted instances of personal data misuse and reputational damage (such
as hacking social media accounts, creation of fake accounts and impersonation), which are
affecting children. 422 Studies show that children also face difficulties while navigating
privacy settings. 423 Additional issues relating to inadequate, non-child-tailored privacy
policies, excessive collection of personal data from children and frequent disclosure of
children‘s data to third parties were also revealed. 424 Therefore, several jurisdictions have
recognised the need to introduce data protection measures that are specifically applicable to
the processing of children‘s personal information.
2.2 Issues
418 Sonia Livingstone et al., ‗One in Three: Internet Governance and Children‘s Rights‘, Global Commission on
Internet Governance Paper Series No. 22 (November 2015), available at:
https://www.cigionline.org/sites/default/files/no22_2.pdf, (last accessed 28 October 2017).
419 Milda Macenaite and Eleni Kosta, ‗Consent for Processing Children‘s personal data in the EU: Following in
US footsteps?‘, 26(2) Information & Communications Technology Law Journal (2017), available at:
http://www.tandfonline.com/doi/full/10.1080/13600834.2017.1321096, (last accessed 28 October 2017).
420 ‗Children‘s data protection and parental consent: A best practice analysis to inform the EU data protection
reform‘, Advertising Education Forum (October 2013), available at:
http://www.aeforum.org/gallery/5248813.pdf, (last accessed 28 October 2017) citing: Giovanna Mascheroni and
Kjartan Olaffson, „Risks and Opportunities‘, Net Children Go Mobile (Second edn, Milano Educatt 2014).
421 Article 16, United Nations Convention on the Rights of the Child.
422 Milda Macenaite and Eleni Kosta, ‗Consent for Processing Children‘s personal data in the EU: Following in
US footsteps?‘, 26(2) Information & Communications Technology Law Journal (2017), available at:
http://www.tandfonline.com/doi/full/10.1080/13600834.2017.1321096, (last accessed 28 October 2017).
423 Sonia Livingstone et al., ‗One in Three: Internet Governance and Children‘s Rights‘, Global Commission on
Internet Governance Paper Series No. 22 (November 2015), available at:
https://www.cigionline.org/sites/default/files/no22_2.pdf, (last accessed 28 October 2017).
424
Global Privacy Enforcement Network, ‗Sweep-Children‘s Privacy‘ (2015), available at:
http://194.242.234.211/documents/10160/0/GPEN+Privacy+Sweep+2015.pdf, (last accessed 28 October 2017).
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