“Complying with the growing number of laws on children’s privacy in the global marketplace is an increasingly complex undertaking. It involves reconciling measures to protect children from online harm and intrusions into their privacy with the equally important necessity for children to participate and engage online and to access beneficial or even essential online resources. Earlier this year, CIPL launched a project to explore the difficult policy issues as well as regulatory and compliance challenges that these competing mandates and interests present. As a first milestone in this project, CIPL has produced a white paper entitled “Protecting Children’s Data Privacy, Policy Paper I, International Issues and Compliance Challenges.” This paper
- identifies key issues and compliance challenges in the context of globally divergent legal standards and policy approaches relating to children’s data and online engagement
- creates a foundation for further discussions among stakeholders and experts about how these issues and challenges can be addressed in a way that enables effective compliance with privacy requirements and serves the best interest of the child
- sets the stage for CIPL’s forthcoming second paper on the topic: “Protecting Children’s Data Privacy, Policy Paper II: Practical Solutions to Protect Children and Enhance Compliance (working title), which will examine existing and potential solutions for these challenges.
Policy Paper I includes discussions of the following issues: best interest of the child; consent and legitimate interest; parental consent; age assurance; profiling for targeting to children; transparency; and the risk-based approach to children’s online protection. Four appendixes to the paper contain brief summaries of key laws, regulations, codes of conduct and regulatory guidance relating to children’s online privacy.”