On February 16, 2023, the UK Information Commissioner’s Office (“ICO”) released guidance for the video game industry on how to conform with the UK’s Age Appropriate Design Code when developing video games. This blog post summarizes the ICO’s recommendations for video game developers and designers when creating video games that are likely to be accessed by children under the age of 18. For more information about the UK’s Age Appropriate Design Code, see our previous blog posts here and here.
Children's Privacy
FTC Hosts Event Regarding Children’s Experiences with Digital Advertising
On Wednesday, the Federal Trade Commission (“FTC”) hosted a virtual event on “Protecting Kids from Stealth Advertising in Digital Media.” The event featured industry professionals, legal and child development experts, researchers, and consumer advocates to discuss the regulation of digital advertising to children. Panelists examined the online advertising techniques children are exposed to, children’s capacity to understand and recognize advertising, and the potential harms associated with advertising in an ever-evolving digital landscape. …
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Brazil’s ANPD Launches Public Consultation on the Processing of Minors’ Personal Data
On September 8, 2022, the Brazilian Data Protection Authority (“ANPD”) launched a public consultation on the processing of minors’ personal data (encompassing children under 12-years-old and adolescents between the ages of 12- and 18-years-old). The consultation will conclude on October 7, 2022. According to the ANPD, the purpose of the consultation is to resolve divergent interpretations among public authorities, academics, privacy professionals, and representatives of civil society regarding the Brazilian Data Protection Law’s (“LGPD”) provision on the processing of minors’ personal data (Article 14). The Authority will use the feedback it receives to draw up guidelines on the topic and, possibly, amend the LGPD.…
EU Consumer Protection and Data Privacy Authorities Adopt 5 Key Principles for Fair Advertising to Children
On June 14, 2022, representatives of the EU’s Consumer Protection Cooperation (CPC) Network, together with several national data protection authorities in the EU and the secretariat of the European Data Protection Board (“EDPB”), endorsed five key principles for fair advertising to children (see press release here). These recommendations are based on relevant requirements…
Irish DPC Publishes Child-Facing Privacy Guides
On May 25, 2022, the Irish Data Protection Commission (“DPC”) issued 3 short guides for children, with the objective of raising awareness among adolescents about data protection and their privacy rights, as well as serving as a resource “for parents, educators and anyone [else] interested in children’s safety and wellbeing online”. The 3 guides…
U.S. Congress Introduces Kids Online Safety Act
Last week, Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) introduced the bipartisan Kids Online Safety Act (“KOSA”), which would impose new safeguards, tools, and transparency requirements for minors online. The bill applies to entities that are a “commercial software application or electronic service that connects to the internet and that is used, or is…
FTC Announces Regulatory Priorities for Both Privacy and Competition
On December 10th, the Federal Trade Commission (FTC) published a Statement of Regulatory Priorities that announced the agency’s intent to initiate rulemakings on issues such as privacy, security, algorithmic decision-making, and unfair methods of competition. …
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UK ICO’s Children’s Code Transition Year Ends and ICO Approves Related Certification Schemes
On 2 September 2021, the transition year for the Children’s code (or Age Appropriate Design Code) published by the UK Information Commissioner (“ICO”) ended. The ICO’s Children’s code was first published in September 2020, with a 12-month transition period. In an accompanying blog, the ICO has stated that it will be “proactive in requiring social media platforms, video and music streaming sites and the gaming industry to tell [the ICO] how their services are designed in line with the code.”
Over the summer, the ICO has also approved two certification schemes under the UK GDPR. The certification schemes provide organizations with a mechanism to demonstrate their high level of commitment to data protection compliance.…
Rep. Castor Reintroduces Bill to Rewrite the Children’s Online Privacy Protection Act
Yesterday, Rep. Kathy Castor (D-FL) introduced an updated version of the “Protecting the Information of our Vulnerable Children and Youth Act” (Kids PRIVCY Act), which would make broad changes the Children’s Online Privacy Protection Act (COPPA). Rep. Castor introduced a similar bill in early 2020, but it stalled alongside other proposals to overhaul the federal children’s privacy law last year.
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French CNIL Publishes Recommendations for Protecting Minors Online
On June 9, 2021, the French Supervisory Authority (“CNIL”) published recommendations to help strengthen the protection of minors online (see here, in French). These recommendations are the result of a survey and public consultation conducted by the CNIL in 2020, which focused on the digital practices of minors (see our blog post here). The results of the CNIL’s survey and public consultation indicate that children are accessing the Internet at an early age on a “massive” scale. In light of this reality, the CNIL underscores the importance of ensuring that minors benefit from the effective protection of their personal data when engaging online.
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