1. Core Principles of Children’s Data Protection

Most modern data protection systems (like GDPR in Europe, COPPA in the US, and India’s DPDP Act 2023) follow similar principles:

(a) Parental Consent

• Children cannot validly consent in many cases.
• Verifiable parental consent is required (especially under COPPA and similar laws).

(b) Data Minimization

• Only necessary data should be collected.
• No excessive profiling of minors.

(c) Purpose Limitation

• Data collected for one purpose (e.g., education app use) cannot be reused for advertising.

(d) Right to Erasure (“Right to be Forgotten”)

• Children or guardians can request deletion of data.

(e) Higher Security Standards

• Strong encryption and protection from breaches is mandatory.

(f) Ban on Behavioral Advertising (in many regimes)

• Tracking-based ads targeting children are heavily restricted or prohibited.

2. Major Legal Frameworks

1. COPPA (Children’s Online Privacy Protection Act – US)

• Applies to children under 13.
• Requires parental consent before collecting personal data.
• Strict limits on advertising and profiling.

2. GDPR (EU General Data Protection Regulation)

• Article 8: Children under 16 (can be lowered to 13 by countries) need parental consent for information society services.
• Strong rights: access, deletion, restriction, portability.

3. India – Digital Personal Data Protection Act, 2023 (DPDP Act)

• Defines “child” as under 18.
• Requires parental consent.
• Prohibits tracking, behavioural monitoring, and targeted advertising for children.

3. Important Case Laws (at least 6)

1. Justice K.S. Puttaswamy v. Union of India (2017) – India

• Recognized privacy as a fundamental right under Article 21.
• Forms the constitutional foundation for data protection in India.
• Though not limited to children, it protects minors as especially vulnerable data subjects.
• Established proportionality test for state surveillance and data collection.

2. FTC v. Musical.ly (TikTok) (2019, USA)

• Musical.ly (later TikTok) was accused of collecting data from children under 13 without parental consent.
• Violated COPPA.
• Result: $5.7 million fine and mandatory changes.
• Key point: platforms must actively prevent underage data collection, not just rely on user declarations.

3. In re Facebook Biometric Information Privacy Litigation (2020, USA)

• Concerned unauthorized collection of facial recognition data.
• Facebook paid a $650 million settlement.
• Highlighted risks of biometric data collection, including from minors using the platform.
• Reinforced requirement for explicit consent for sensitive data.

4. Google Spain SL v. AEPD (2014, C-131/12, EU Court of Justice)

• Established the “Right to be Forgotten.”
• Individuals can request search engines to remove outdated or irrelevant personal data.
• Strong implications for minors: childhood data can be erased to prevent lifelong digital profiling.

5. Schrems II Case (Data Protection Commissioner v. Facebook Ireland, 2020, C-311/18, EU Court of Justice)

• Invalidated EU–US Privacy Shield framework.
• Emphasized strict protection of personal data during international transfers.
• Important for children because educational apps often transfer children’s data across borders.
• Reinforced need for “adequate protection standards.”

6. FTC v. Snapchat (2014 Settlement, USA)

• Snapchat claimed messages “disappear,” but data was still collected and stored.
• Misleading privacy claims violated consumer protection laws.
• Although not exclusively about children, a significant portion of users were minors.
• Result: stronger obligation for transparent privacy disclosures.

7. UK ICO Investigation – TikTok (2023 Enforcement Action, UK)

• UK Information Commissioner’s Office found TikTok processed children’s data without proper safeguards.
• Issues included:
  • Underage users on the platform
  • Weak transparency
  • Inadequate consent mechanisms
• Result: significant regulatory pressure and compliance reforms.

4. Key Issues in Children’s Data Protection

1. Age Verification Problems

• Platforms struggle to accurately verify age.
• Leads to accidental data collection from minors.

2. Behavioral Advertising

• Children are highly vulnerable to manipulation through targeted ads.

3. Data Permanence

• Early-life data can affect education, employment, and reputation later.

4. Cross-border Data Transfers

• Children’s data often moves across countries with different legal protections.

5. Emerging Trends

• “Privacy by Design” becoming mandatory in apps for children.
• AI systems being restricted from profiling minors.
• Increasing global convergence toward stricter age thresholds.
• Stronger enforcement against social media platforms.