The APDCAT, together with 20 data protection authorities, promotes a resolution on the digital rights of minors

The Catalan Data Protection Authority (APDCAT) has participated in the 43rd edition of the Global Privacy Assembly (GPA), the international conference that annually brings together more than 130 data protection authorities from around the world.

In this context, the APDCAT has reaffirmed its commitment to defending the rights to data protection of minors and young people. Thus, it has participated in the promotion of a resolution in favor of the digital rights of minors, promoted by the data protection authorities of France (CNIL) and Italy (GPDP) on behalf of the working group on digital education (DEWG) in which the APDCAT participates.

The resolution recognizes that minors deserve special protection, as enshrined in the United Nations Convention on the Rights of the Child. Recognizes that privacy is essential for the empowerment, dignity and safety of minors and warns that the impact of the digital environment on the development of minors, their daily lives, their future and the opportunities they have to scope are increasingly important.

Remember that the online information that exists about minors creates their digital identity, which affects their present and future, and that everything that is done online leaves a mark: once the information is shared on the Internet, control may be lost, and information may be collected and used by third parties unknowingly.

He stresses that online service providers need to be aware of their greater responsibility towards the data of minors they process. Remember that digital technologies pose risks to your privacy, as well as to your physical and psychological integrity, as they can become victims of cyberbullying and online hatred. And that children are particularly vulnerable because they may be less aware of these risks.

Thus, the resolution includes 30 points around 5 axes: the exercise of the rights and information of minors in the digital environment, the protection of the fundamental freedoms of minors with regard to the processing of their personal data, the protection of minors against the commercial exploitation of their data, the inclusion of the opinions and rights of minors in the development of regulations and the design of services that affect them, and the participation of parents or legal guardians and digital education.

Prohibit the manipulation of minors

Among the highlights, the resolution calls on states to consider introducing regulations that prohibit practices that manipulate minors or that aim to unduly influence their behavior in a way that may harm them. Also that states promote regulations to prohibit the use or transmission of data of minors to third parties for commercial or advertising purposes and the practice of marketing techniques that may encourage minors to provide personal data.

It also calls on states to encourage the creation and distribution of up-to-date and specific educational resources at the national level to raise awareness among children, young people, parents, teachers and schools about digital rights and how to put them into practice on social media. platforms, through complaints or content deletion procedures accessible and appropriate for minors.

Also that states, in cooperation with data protection authorities, consider the possibility of establishing educational programs, actions and awareness campaigns for minors, parents, education providers, and citizens in general, in order to improve their knowledge of the challenges, opportunities and risks related to the digital practices of minors, as well as the rights of minors in the digital environment.

With regard to parents and legal guardians, the resolution seeks to serve to encourage their commitment to respect the interests and privacy of minors. It confirms the commitment to the ability of minors to directly exercise their digital rights, and the need that when parents or legal guardians exercise these rights on their behalf, they do so taking into account only the best interests of minors, the right development, non-discrimination and the right to be heard.

With regard to online service providers, the resolution stipulates that they should not incorporate misleading manipulation and design techniques that influence the decision-making of minors that unduly affect their privacy or process more personal data than necessary.

It also emphasizes the need for them to refrain from drawing up profiles of minors based on a digital record of their actual or presumed characteristics for commercial purposes, and even to avoid any dissemination or disclosure of personal data for informational or newsworthy purposes. that allows them to be identified and that harms their honor, image or reputation.

The impact of COVID-19

The 43rd edition of the Global Privacy Assembly (GPA) has served to take stock of the impact on data protection arising from the design of solutions to deal with the COVID-19 pandemic, such as the COVID passport -19 and other similar certificates. Also, to put on the table the challenges and future prospects of data protection at the international level. Thus, the implications for data protection rights of the development of new technologies or facial recognition systems have been addressed.

In addition to this resolution, the following resolutions were also adopted during the annual GPA conference:

• Resolution on data sharing in the public interest.
• Resolution on government access to data, privacy and the rule of law.