Introduction
In today’s digital age, children are increasingly engaging with online platforms, often sharing personal information without fully understanding the risks involved. The Personal Data Protection Act 2012 (PDPA) emphasizes the importance of protecting children’s personal data, which is generally considered sensitive and thus requires a higher standard of protection. This blog aims to provide an overview of the key provisions related to children’s data under the PDPA.
Defining "Child" and the Sensitivity of Their Data
Under the PDPA, a “child” refers to an individual who is below 18 years of age. Given the sensitive nature of children’s personal data, it must be accorded a higher standard of protection. Organizations need to be particularly vigilant when handling such data, ensuring robust safeguards are in place.
Consent for Data Collection, Use, and Disclosure
The PDPA outlines specific consent requirements based on the age of the child:
- Children Aged 13 to 17: Children within this age range may provide valid consent for the collection, use, and disclosure of their personal data. However, the policies regarding these actions must be presented in a manner that is easily understandable by them. This ensures that they are fully aware of what they are consenting to and the potential implications.
- Children Below 13: For children under the age of 13, consent must be obtained from a parent or guardian. This additional layer of protection ensures that a responsible adult is making informed decisions on behalf of the child.
Continuation of Consent
When consent is obtained from a child or their parent/legal guardian, it remains valid even when the individual reaches 18 years of age. This continuity helps in maintaining the protection of personal data without requiring repeated consent as the child transitions into adulthood.
Geolocation Data as Personal Data
The PDPC considers geolocation data to be personal data if it can uniquely identify an individual when combined with other identifiers. This means that organizations must treat geolocation data with the same level of care as other forms of personal data, ensuring it is adequately protected.
Data Breaches and Notification Obligations
In the unfortunate event of a data breach that results in significant harm to individuals, including children, the organization is required to inform the affected data subjects. This obligation remains, regardless of the age of the data subject, ensuring that all individuals are aware of potential risks to their personal data
Conclusion
Protecting children’s personal data is a critical aspect of the PDPA. By understanding and adhering to these guidelines, organizations can ensure they are providing the necessary safeguards to protect sensitive information. Whether it’s obtaining the appropriate consent, recognizing the sensitivity of geolocation data, or promptly addressing data breaches, these measures are essential in fostering a safer digital environment for children.
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