Data protection is not just an issue which is important to adults. If you are a child, you may think that data protection (if you have heard about it at all) is nothing to do with you. Quite the opposite, it has everything to do with you.
You are growing up in a world where almost every aspect of your life produces data. Just because you may not be able to see it, doesn’t mean that it's not there. What happens to that data matters - today, and for your future.
In recognition of the importance of children's rights in this area, in November 2020 we launched our Schools Programme across all Bailiwick schools.
Lawful use of data about children
The Law contains provisions designed to enhance the protection of personal data relating to a child under 13 years of age.
Where services are offered directly to a child, you must ensure that your data processing notice is written in a clear, plain way that a child will understand. Regard must be given to the age of the child.
Consent in the context of online processing for a child under 13 years of age must be given or authorised by that child’s parent or guardian.
What do I need to do if I offer online services to children?
If you offer an ‘information society service’ (i.e. online service) to children, you will need to be mindful of the age of the child.
The Law states that if consent is your basis for processing the child’s personal data, a child under the age of 13 may not give that consent themselves and instead consent is required from a person holding ‘parental responsibility’.
‘Information society services’ includes most internet services provided at the user’s request, normally for remuneration.
Controllers are expected to ensure that protection is particularly significant and enhanced where children’s personal information is used for the purposes of marketing and creating online profiles.
The Bailiwick of Guernsey's independent authority which regulates data protection legislation through an ethics-based approach, empowers individuals and protects their rights, promotes excellence in data protection, and supports the data economy to embrace
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