The Information Commissioner (the Commissioner) is calling
for evidence and views on the Age Appropriate Design Code (the Code).
The Code is a requirement of the Data Protection Act 2018
(the Act). The Act supports and supplements the implementation of the EU
General Data Protection Regulation (the GDPR).
The Code will provide guidance on the design standards that
the Commissioner will expect providers of online ‘Information Society Services’
(ISS), which process personal data and are likely to be accessed by children,
to meet. Once it has been published, the Commissioner will be required to take
account of any provisions of the Code she considers to be relevant when
exercising her regulatory functions. The courts and tribunals will also be
required to take account of any provisions they consider to be relevant in
proceedings brought before them. The Code may be submitted as evidence in court
proceedings.
Further guidance on how the GDPR applies to children’s
personal data can be found in our guidance Children
and the GDPR. It will be useful to read this before responding to the
call for evidence, to understand what is already required by the GDPR and what
the ICO currently recommends as best practice. In drafting the Code the ICO may
consider suggestions that reinforce the specific requirements of the GDPR, or
its overarching requirement that children merit special protection, but will
disregard any suggestions that fall below this standard.
Guidance -
Information Commissioner’s Office
Consultation:
Children
and the
GDPR guidance
Start date: 21 December 2017
End date: 28 February 2018
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