The Government has proposed a new statutory power to
ensure children’s data in the UK is given an extra level
of protection.
The new power will be taken as an amendment to the Data
Protection Bill, currently before the House of Lords, with cross
party support.
The Government’s proposals will require the Information
Commissioner’s Office (ICO) to produce a statutory code of
practice on age-appropriate website design.
The new code will set standards required of websites and app
makers on privacy for children under the age of 16. It will also
ensure that websites and apps must be designed to make clear what
personal data of children is being collected, how it is being
used, and how both children and parents can stay in control of
this data.
The amendment has the support of and , who have campaigned
for many years to protect the rights and safety of children on
the internet. The Government has worked closely with campaigners
on the new amendment, to secure these rights around the online
processing of a child’s personal data in the Bill.
Digital Minister said:
Our Internet Safety Strategy sets out how we want the UK to be
the safest place to be online. To do that we strongly support
freedom online, while protecting people, and particularly
children, from harm. There is growing evidence on the need for
protections for children on social media.
This statutory code of practice will require tailored
protections to be built into websites and apps for children
under 16. This must be done in a way that protects the
wonderful freedom and opportunity of the internet, without
jeopardising the future free flow of data between the UK and
EU.
The amendment will be debated in the House of Lords today (Monday
11 December).
The new code would have the same enforceability as the
government’s codes on direct marketing and data sharing. It also
has a clear link to enforcement provisions already set out in the
Bill. The government expects that non-compliance with the code
would play a relevant factor in any ICO decision to bring forward
enforcement action against websites that do not comply with the
Data Protection Bill - including in determining level of fines up
to £18 million or 4% of global turnover.
The government will work in close consultation with the
Information Commissioner’s Office and others to ensure that the
code is robust, practical, and meets the development needs of
children in relation to gathering, sharing, storing and
commoditising of their data.
The amendment builds on a number of protections for children’s
data already in the Bill. This includes the need to obtain
parental consent before processing the data of children under the
age of 13, the requirement that consent is informed, as well as
other new rights including the right to be forgotten.
In addition, through the Internet Safety
Strategy, the Government has the ambition to make the UK the
safest place in the world to be online and has announced a range
of measures including a social media levy, code of practice and
annual transparency reporting.
