Children's Code: Difference between revisions

Revision as of 05:57, 8 February 2024

Revision as of 19:38, 16 February 2024

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It applies to any internet-connected product or service that is likely to be accessed by a [[Minor (law)|person under the age of 18]]. It requires online services to be designed in the "best interests" of children and their health, safety, and privacy, requiring that they be afforded with the strongest privacy settings by default, that only data strictly necessary to deliver individual service elements is collected from children unless there is justification, and that children's personal data not be disclosed to third-parties unless there is justification. It also requires privacy policies and controls to be presented in a manner that is clear and accessible to children, including prohibiting [[Dark pattern|dark patterns]].

== History ==

Baroness [[Beeban Kidron]] sponsored the amendment to the DPA that mandated the development of the Code.<ref>{{Cite news |last=Tait |first=Amelia |date=2021-09-19 |title=Beeban Kidron v Silicon Valley: one woman’s fight to protect children online |url=https://www.theguardian.com/film/2021/sep/19/beeban-kidron-v-silicon-valley-one-womans-fight-to-protect-children-online |access-date=2024-02-16 |work=The Observer |language=en-GB |issn=0029-7712}}</ref> Upon the implementation of the Code in 2021, she explained that "[the Code] shows tech companies are not exempt. This exceptionalism that has defined the last decade, that they are different, just disappears in a puff of smoke when you say, 'actually, this is business.' And business has to be safe, equitable, run along rules that at a minimum protect vulnerable users.<ref>{{Cite news |last=Hern |first=Alex |date=2021-09-02 |title=UK children’s digital privacy code comes into effect |url=https://www.theguardian.com/technology/2021/sep/02/uk-childrens-digital-privacy-code-comes-into-effect |access-date=2024-02-16 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref>

== Contents ==

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The Code requires that services be designed in "the best interests" of children, including their physical and mental health, protecting them from being exploited commercially or sexually, and acknowledging parents and caregivers' roles in protecting and supporting their child's best interests.<ref name=":2" />

The Code specifies that when used by a child, online services must use their highest privacy settings by default, unless there is a compelling reason to do so while keeping into account the best interests of the child. This includes not allowing access to data by other users, [[___location tracking]], or behavioural profiling (such as [[algorithmic curation]] and [[targeted advertising]], or using data "in a way that incentivises children to stay engaged").<ref name=":2" /> The amount of data collected from children must be minimized, only collecting data that is strictly necessary to deliver service elements that a child is "actively and knowingly engaged" in. A service may not disclose a child's personal data to a third party without a compelling reason to do so.<ref name=":2" />

Services must present their [[privacy policy]], privacy options, and data export and [[Data erasure|erasure]] tools in clear and age-appropriate means. They must not use [[dark patterns]] to [[Nudge theory|nudge]] children toward options that reduce their privacy.<ref name=":2" /> The Code recommends that privacy settings and tools be tailored to the needs of specific age groups.<ref name=":2" /> Per GDPR, a user must be at least 13 years old to give verifiable consent to data processing; verifiable consent must be given by the child's parent or custodian.<ref>{{Cite web |title=Age of consent in the GDPR: updated mapping |url=https://iapp.org/resources/article/age-of-consent-in-the-gdpr-updated-mapping/ |url-status=live |archive-url=https://web.archive.org/web/20180527023437/https://iapp.org/resources/article/age-of-consent-in-the-gdpr-updated-mapping/ |archive-date=27 May 2018 |access-date=26 May 2018 |website=iapp.org}}</ref><ref name="privacy association">[https://www.privacyassociation.org/media/presentations/A12_EU_DP_Regulation_PPT.pdf "How the Proposed EU Data Protection Regulation Is Creating a Ripple Effect Worldwide"]. Judy Schmitt, Florian Stahl. 11 October 2012. Retrieved 3 January 2013.</ref>

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In March 2023, a complaint was filed against YouTube alleging violations of the Code, as the service can track children via devices shared by multiple users.<ref>{{Cite news |date=2023-03-01 |title=YouTube accused of collecting UK children's data |language=en-GB |work=BBC News |url=https://www.bbc.com/news/technology-64786968 |access-date=2023-04-10}}</ref>

The code was adapted by the U.S. state of [[California]] as AB 2273, The California Age-Appropriate Design Code Act, and passed in August 2022. Kidron's charity 5Rights Foundation was credited as a supporter and "co-source" of the bill. In September 2023, the bill was ruled unconstitutional by Federal Judge [[Beth Labson Freeman]] as a violation of the [[First Amendment to the United States Constitution|First Amendment]].<ref>{{Cite web |last=Masnick |first=Mike |date=2022-08-25 |title=Why Is A British Baroness Drafting California Censorship Laws? |url=https://www.techdirt.com/2022/08/25/why-is-a-british-baroness-drafting-california-censorship-laws/ |access-date=2024-02-16 |website=Techdirt |language=en-US}}</ref><ref>{{Cite web |last=Robertson |first=Adi |date=2022-08-30 |title=California passes sweeping online safety rules for kids |url=https://www.theverge.com/2022/8/30/23326822/california-ab-2273-passes-senate-children-social-media-bill-gavin-newsom |access-date=2024-02-16 |website=The Verge |language=en}}</ref><ref>{{Cite web |last=Masnick |first=Mike |date=2023-09-19 |title=Court Says California’s Age Appropriate Design Code Is Unconstitutional (Just As We Warned) |url=https://www.techdirt.com/2023/09/19/court-says-californias-age-appropriate-design-code-is-unconstitutional-just-as-we-warned/ |access-date=2024-02-16 |website=Techdirt |language=en-US}}</ref>

==See also==