The PDPC is asking for inputs for the proposed Advisory Guidelines for Children's personal data. The consultation runs until 31 August 2023.

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PDPC Seeks Inputs on Proposed Advisory Guidelines on Children's Data

Date
July 22, 2023
Author
OrionW

The Personal Data Protection Commission (PDPC) launched a public consultation on the issuance of the Advisory Guidelines on the Personal Data Protection Act for Children’s Personal Data (Proposed Guidelines).  The Proposed Guidelines are intended to update and revise Chapter 8 of the Advisory Guidelines on the Personal Data Protection Act for Selected Topics (Selected Topics Guidelines) considering the rise of children's online activity and the corresponding risks they face.

Particularly, the PDPC is soliciting views and comments on the following aspects of the Proposed Guidelines:

Topic Question for Public Consultation
Scope of Proposed Guidelines Should the Proposed Guidelines only apply to organisations, including their data intermediaries, that offer products or services that are likely to be accessed by children, regardless if they actually target children?
Purposes for Processing Children’s Personal Data What would be considered reasonable purposes for organisations to collect, use, or disclose children's personal data?
Appropriate Communication Methods with Children What communication methods with children would be deemed readily understandable communication?
Minimisation of Processing Children’s Personal Data What are the best practices to minimise the collection, use and disclosure of children's personal data?
Necessity of Data Protection Impact Assessment When should a Data Protection Impact Assessment be conducted before products or services likely to be accessed by children are released?
Age of Consent Should a child between 13 and 17 years old be considered as capable of giving and withdrawing consent on their own?
Standard of Care for Children’s Personal Data Are the Basic and Enhanced Practices listed in the Guide to Data Protection Practices for ICT systems adequate?
Breach Notification Obligations When should a parent or guardian be informed of the occurrence of a notifiable data breach?

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Comments to the Proposed Guidelines may be submitted until 31 August 2023.

Key Takeaway

Updating the guidance on the collection and processing of children’s personal data is appropriate and timely, given that children are spending more and more time online. Organisations whose goods or services could be accessed online should ensure that their personal data processing policies protect children's personal data sufficiently and should be mindful of the developments regarding the Proposed Guidelines.

For More Information

OrionW regularly advises clients on data protection matters.  For more information about how to comply with the Personal Data Protection Act 2012, or if you have questions about this article, please contact us at info@orionw.com.

 

Disclaimer: This article is for general information only and does not constitute legal advice.

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