The Winter 2019 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:
In this edition we cover the following topics:
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Earlier this year, the Information Commissioner’s Office (ICO) issued a consultation on a draft code of practice for designing age-appropriate access for children accessing online services (Code). The consultation closed on 31 May 2019 but the ICO has recently released an update on its progress in producing the Code.
The finalised Code will be informed…
The UK Information Commissioner’s Office (ICO) issued a consultation on a draft code of practice for designing age-appropriate access for children accessing online products and services provided by information society services (ISS). The consultation closes on 31 May 2019. The draft code sets out principles for any online service accessed by children under the age of 18.
This code of practice is based on the key principle in the United Nations Convention on the Rights of the Child that the best interests of the child should be a primary consideration in all actions concerning children. In the context of today’s myriad of online services, it has become increasingly difficult for both parents and children to make informed choices or exercise control over the way services use children’s personal data. The code aims to respect the rights and duties of the parents but also the children’s evolving capacity to make their own choices.
The code requires ISS providers to abide by 16 cumulative standards when processing personal data of children through their services:
Continue Reading Protection of children’s online space: ICO issues code of practice on age-appropriate design
The Federal Trade Commission has published a new guide that seeks to make compliance with the Children’s Online Privacy Protection Act (COPPA) as easy as 1, 2, 3, 4, 5, 6. Drawing from its detailed FAQs, the FTC has developed an even more streamlined, six-step DIY instruction manual designed for busy businesses that want…
In the battle between protecting children’s right to privacy and allowing publishers to exercise their freedom of expression, recent case law has seen children’s rights triumph.
The case of Weller and Others v. Associated Newspapers Limited involved the publication of unpixelated photographs of three children aged 10 months to 16 years, who also happened to be the children of Paul Weller, an English singer, songwriter and musician. An action was brought for damages for misuse of private information, breach of the Data Protection Act, and an injunction preventing the Mail Online from publishing any further images.
The case saw the Court of Appeal uphold the Court of First Instance’s judgment in favour of the children claimants on the grounds that they had a reasonable expectation of privacy, and their Article 8 right to a private and family life outweighed the defendant’s Article 10 right to freedom of expression and information.
Continue Reading The battle between children’s right to privacy vs. publisher’s freedom of expression
With more than six million apps currently in existence, the ‘appification’ of society is increasingly a topic of discussion, and certainly it was prominent at the 35th International Conference of Data Protection and Privacy Commissioners in Warsaw in September. Apps often collect large amounts of personal data and therefore have significant potential privacy implications. Young…
Today, the Federal Trade Commission released detailed guidance on privacy in the mobile environment – at the same time it announced its largest-ever settlement with an app developer for alleged privacy violations. Combined with aggressive action on mobile privacy issues by the California attorney general’s office, Mobile Privacy Disclosures provides every company associated with…
This post was also written by Frederick Lah.
One day after the FTC issued its second report on privacy concerns with mobile apps for kids, “Mobile Apps for Kids: Disclosures Still Not Making the Grade“, a consumer privacy group filed a complaint with the FTC against a mobile game-maker for alleged violations of…
This post was also written by Amy S. Mushahwar.
This morning the FTC released a supplemental notice of proposed rulemaking on the Children’s Online Privacy Protection Act (COPPA) Rule. This is not a final rule. The notice suggests further modifications to proposed definitions released in the September 2011 Notice of Proposed Rulemaking on the…
