On 18 December 2020, the Irish DPA launched a public consultation on its draft Fundamentals for a Child-Oriented Approach to Data Processing (“the Fundamentals”), which aim to set out child-specific data protection interpretative principles and recommended measures to increase the level of protection afforded to children against the data processing risks stemming from their use of and access to services in both an online and offline world.
Among others, the Fundamentals address the need for clear-cut children’s consent for their data to be processed, the non-interference of online service providers’ legitimate interests with the children’s best interests, the need for providing information tailored to the age of the child, and the need for data protection by design and by default measures appropriate in the context of processing children’s personal data. In particular, the Fundamentals outline the need to undertake Data Protection Impact Assessments (“DPIA”) to mitigate any risks arising from processing children’s personal data, as well as the prohibition on profiling and automated decision-making in relation to children for marketing or advertising purposes, due to their particular vulnerability and susceptibility to behavioral advertising, unless online service providers can clearly demonstrate how and why it is in the best interests of the child to do so.
These Fundamentals are subject to public consultation until 31 March 2020.
