Argentina: Data Protection of Minors – DPA launches Guidelines and endorses Global Statement

In brief

The Access to Public Information Agency ("DPA") published two guides to strengthen data protection for children and adolescents in digital environments ("Guides"). This action is aligned with the statement made by the DPA along with other leading authorities on personal data protection around the world  to strengthen age verification of users of digital environments ("Statement").


Contents

In depth

Guides "Our Digital World"

Through the Strategic Plan 2022-2026, the DPA has set as a goal for 2024 to conduct training sessions on the topic: "What does it mean in practice to take care of my personal data." In this regard, the DPA published the Guides to strengthen the protection of personal data ("Data") for children and youth in digital environments.

The first Guide is designed to help adolescents protect their privacy and security in digital environments. It explains the importance of Data, the rights to protect it, and offers practical advice on how to protect their privacy on the internet. It also addresses issues such as digital identity, digital footprint and digital citizenship, providing tools and activities to encourage the safe and ethical use of technology.

The second one is a pedagogical guide that offers didactic tools and activities for teachers and educators to help children and adolescents better understand Data protection in digital environments. It includes six workshop proposals that address topics such as the importance of Data, consent for its processing, the digital footprint, and protection strategies on the internet. Each activity is designed to encourage reflection, debate and the creation of educational materials, with the ultimate aim of empowering young people in the safe and responsible use of technology.

Joint Statement on age verification

The Statement was endorsed by data protection authorities in Argentina, the United Kingdom, Gibraltar, the Philippines, Canada, Mexico, Guernsey, Bermuda, Jersey and the Isle of Man. It sets out the key principles and expectations agreed upon by the signatory authorities, serving as a guide for user age verification practices. Additionally, it aims to promote greater policy coordination and regulatory clarity at an international level.

The Statement sets out these key principles:

  • Compliance with Data protection regulations. Age verification should be implemented in a proportionate and risk-based manner to reduce the risk of harm to users, especially children.
  • Lawful and transparent use of Data. The use of Data for age verification must be lawful, fair, transparent and non-discriminatory, and its collection must be limited to what is strictly necessary for the intended purpose.
  • Interests of children. Any age verification method should prioritize the best interests of children, guaranteeing the right of all users to access information on the internet.
  • Responsibility of providers and risk assessment. Providers should implement effective means to prevent access by children to their platforms/websites where this is inappropriate or unlawful. Providers should conduct assessments and document the severity of data protection risks to users, especially children, arising from the age verification methods implemented.
  • Balancing of interests. Providers must balance data protection risks with the best interests of children, including their right to safely access information of all kinds on the internet and be protected from harmful material.
  • Self-declaration as a method of age verification. This should only be used in situations where there is little or no risk to the data protection of children. Age verification methods that require more Data may be used when required by law or when there is a high personal data protection risk, and when they comply with local Data protection legislation.

While age verification is a potential technical solution, the Statement holds that there are other methods of protection — such as parental filters, public education and awareness campaigns, along with data protection principles by design and by default — that play an important role in protecting children in digital environments.

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Click here to read the Spanish version.


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