A message to children from our commissioner:
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
What do I need to do if I offer online services to 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.
- 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.