The protection of minors’ data privacy in the digital age

Abstract

One out of every three users on the internet is a minor. Despite all of the advantages that have resulted from technological breakthroughs in recent years, it is fair to say that new threats were introduced that were not previously perceived, including risks that may affect one’s rights to privacy and freedom of expression. While internet users, in general, are often exposed to online deception or manipulation, children may be particularly vulnerable to the risks they may face during their online activity. This is primarily due to their naivety or as a result of the conduct of third parties, such as parents, who may not possess the technological awareness of how their present online behaviour may affect their children in the future. The primary goal of this research is to assess the efficacy of current data protection legislation in Europe in protecting children’s rights as enshrined in the UN Convention on the Rights of the Child. The dissertation analyses legal developments in foreign jurisdictions, specifically the UK and the US, to inform a critical evaluation of the EU legal framework and suggest methods which can help reinforce it. A comparative method of analysis is then conducted to determine the lessons to be learned from the experiences of third countries, along with the experiences of the individual EU Member States, namely Ireland, the Netherlands, France, Sweden and Malta. The study finds that the GDPR provides a solid foundation for protecting children’s rights, particularly their data privacy interests in the online environment. However, the development of Union-level guidelines or codes of practice detailing the provisions of the law is recommended to aid the application thereof in practice. Such policies or codes of practice can incorporate good practices gathered from the experiences of the Member States of the EU themselves and the experiences of third jurisdictions such as the US. Such exercise must strike a balance between the child’s best interests and their right to exercise their freedom of expression and information online.