23 April, 2020
Protecting minors' data while respecting their rights: the CNIL is looking for feedback
As part of a global reflection on online children’s rights, the CNIL, the French Data Protection Authority (DPA) is running a public consultation from 21 May to 1 June 2020 to collect information, comments or proposals from stakeholders, public and private, on several essential points raised by the French Data Protection Act.
According to this Act, under the legal framework set up by the General Data Protection Regulation (GDPR), minors can, from the age of 15, consent alone to the use of their data provided that the processing is related to an online service intended for minors and that it is based on consent (e.g. profiling, marketing).
When a minor is under the age of 15, consent must be given jointly by the child concerned and the holder of parental authority.
Launched during the current health crisis, at a time when digital tools are massively used by minors, this timely consultation aims to clarify:
the acts that minors should be able to perform alone on the Internet (and under what conditions);
the procedures for verifying the age and obtaining consent;
the procedures for having minors exercising their rights on their data (right of access, rectification, erasure or opposition, in particular).
Following this six-week public consultation, the CNIL intends to produce some guidance material to ensure the implementation of data protection principles in the most appropriate way.
Update (3 June 2020): the consultation on children’s rights in the digital environment launched by the CNIL is extended until Monday, June 8, 2020, at the latest.
Futher EPRA Background:
Data protection and minors in the online world was one of the topics addressed at the 50th EPRA meeting in Athens, with a focus on the common challenges between DPAs and NRAs. More information here.