The digital realm has been an integral aspect of people’s life for a considerable duration. The widespread availability of knowledge, encompassing fields such as science, education, and social media, has greatly facilitated people’s lives. The rapid growth of internet connectivity has caused significant advancements in several domains such as communication, information access, education, and more. Social media platforms such as Facebook and Instagram have emerged as influential platforms for both personal and professional networking. Individuals engage with one another through diverse channels on social media, whether it is for professional purposes or for leisure. The rise of social media has led to an increase in online gaming among both youngsters and adults. Online games such as the blue whale challenge and PUBg experienced a surge in popularity during the COVID-19 pandemic. There is an information explosion on the internet which people from all age groups have easy access to. All sorts of information which a man needs, whether it is regarding health and medicines or how to make a bomb, the man has exposure to any kind of knowledge they want. On the internet and in the digital world everything available is unboundable. So the development of digital world for the business and commerce, education, healthcare etc. also gave rise to various vulnerabilities like Personal data leakage, cybercrimes ransom ware attacks.
Nowadays children have been introduced to the internet and various social media platforms such as Facebook, Instagram, TikTok, as well as gaming applications like PUBG. Individuals under the age of 18 experience physical and mental growth during which they lack the cognitive ability or maturity to safeguard themselves from online data dangers or cyber threats such as bullying, phishing, or malware attacks. The online privacy of children is put at risk as a result of their exposure on these digital networks. Digital applications and games frequently gather and retain the personal information of youngsters. Companies like Netflix and Amazon use big data. Term “big data” refers to extensive datasets that can be studied to identify patterns, trends, and correlations, particularly in the context of human behaviour and interactions. The data accumulated by these technology giants are used to analyse statistics information pertaining to education and socio-cultural matters in countries such as India. Data access extends beyond the technology aspect. Children while using various digital apps and websites for education, gaming and social media give their personal data. The apps analyse their activities and interests, accordingly show related content which a child might desire. Online gaming and social media apps asking for personal information or children using pirated sites which are not secured to watch movies, download things, leave their digital footprints behind which the AI and big data use to provide personalised interests. However, being exposed to digital world, children are not mature enough to realise their ‘online privacy’.
ONLINE PRIVACY
Online privacy and personal data protection are essential elements in the fast growing era of digitalisation and interconnectedness. Online privacy is the cornerstone of a free society. It encompasses the right to control one’s personal information, protecting individuals from unwarranted intrusion and potential misuse. In an age where data is a valuable commodity, the protection of online privacy is crucial for preserving autonomy, fostering trust in digital platforms and uphold the principles of right to privacy. However, despite the undeniable benefits of the digital revolution, challenges to online privacy persist. The widespread collection, storage, and utilization of personal data by corporations, governments, and malicious actors pose significant threats. Data breaches, identity theft, and the unauthorized tracking of online activities raise concerns about the vulnerability of individuals in the digital realm. Moreover, the advent of sophisticated algorithms and artificial intelligence has elevated the risks of intrusive surveillance and targeted manipulation. The big corporate delve into the users data for monetary purposes. They analyse the patterns of the users online in order to provide personalised interests and targeted advertisements. This at many times question the privacy of users. On top of that Governments around the world are increasingly using digital technologies for surveillance and law enforcement purposes. While these efforts are aimed at enhancing security, they often encroach on individual privacy rights. Striking a balance between national security and the protection of civil liberties is a complex task that demands transparency, accountability, and robust legal frameworks.
Furthermore, personal data protection plays a crucial role to protect a child from the cybercrimes. Children, in their formative years, are particularly susceptible to the potential consequences of data misuse. Their personal information, including names, ages, locations, and online activities, can be exploited for various purposes, ranging from targeted advertising to more malicious activities like identity theft. The protection of children’s personal data is crucial not only for their immediate safety but also for nurturing a digital landscape that respects their rights, promotes healthy development, and safeguards their innocence. Yet, the challenges in protecting children’s personal data are multifaceted. Online platforms often utilize complex algorithms to collect and analyze vast amounts of data, creating personalized experiences for users, including children. However, this data-driven approach raises concerns about the potential manipulation and exploitation of children’s preferences, leading to ethical dilemmas surrounding the commercialization of their personal information. Also, the risk of exposure to inappropriate content, online predators, and cyber bullying further complicates the landscape, necessitating comprehensive protective measures.
Most recently, a recent national survey, which included interviews with nearly 50,000 parents conducted in India found that six out of ten youngsters aged 9 to 17 spend more than three hours daily on social media or gaming platforms.[1] After the COVID-19 more and more children between the age of 9-17 have been observed using phones for leisure activities such as connecting with friends and world over social media and playing online games with friends for hours and hours. These digital platforms have guidelines which they need to follow in order to collect and store the personal data from the children below the age of 18. In India a person below the age of 18 is considered to be a child who is under the supervision of their legal guardian. So while storing the personal data of children i.e their digital identities, the tech giants need the parental consent. That being the case, children tend to give their personal information and digital identities not being aware of the online data privacy and the ‘right to privacy’ they have when it comes to the digital world. This is why children are exposed to the cyber threats like bullying, hacks and data theft.
LEGAL PROVISIONS FOR ONLINE CHILD PRIVACY RIGHTS
Legal provisions in India
In India the online games such as blue whale challenge created havoc when children committed suicide after getting influenced by such games. As the online gaming and social media developed drastically in the recent years, India did not have particular laws in order to govern and safeguard the online privacy rights of children and protect them from the vulnerabilities situated with it.
According to the information and technology act 2000, there are intermediate rules that the minors should be protected against any harmful content and to deploy technology-based measures for age verification. Platforms are expected to categorize and label content suitable for different age groups, with specific provisions for content that is suitable for children. The act protects the minors from the publication and transmission of any child pornographic material or any other obscene content depicting children engaged in any kind of sexual conduct to be posted on any online platform.
The Personal Data Protection Bill, 2019 & 2022 was passed. Chapter IV of the Personal data protection bill 2019 provides provisions for the processing of personal data and sensitive personal data of the children. The 2022 bill passed, exclusively stated that anyone below the age of 18 classified as a “child”. So the data fiduciary (Data Fiduciary” means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data[2]) are required to obtain verifiable parental consent before processing their personal data. Furthermore surveillance, behavioural monitoring, and targeted advertising for children are prohibited by the 2022 Bill. However, in other countries the age of consent is from 13-14 years like in China, EU and United states. India took a conservative turn in order to lay down age factor. Children use multiple sites and apps for the purpose of education, pursue hobbies, gaming or entertainment. Not always a child can take the parental consent in order to surf the internet.
PARENTAL CONSENT
In the realm of online privacy for children, parental consent plays a pivotal role, serving as a multifaceted tool to address several critical aspects of a child’s digital experience.
One fundamental consideration is the cognitive capacity of children. Often, youngsters may lack the maturity and experience needed to comprehend the potential consequences of sharing personal information online. In this context, parental consent functions as a safeguard by ensuring that a responsible adult is actively involved in the decision-making process. This involvement becomes crucial in making informed choices on behalf of the child, helping mitigate the risks associated with their online activities. From a legal perspective, parental consent is often mandated by specific laws addressing online privacy for children. For instance, the Children’s Online Privacy Protection Act (COPPA) in the United States, Personal data protection bill 2022 are notable examples. This legislation makes obtaining parental consent a legal requirement before collecting, using, or disclosing personal information from children under a certain age. This legal framework ensures that children’s online interactions are conducted within a structured and protective environment. Age verification, closely tied to parental consent, serves as a mechanism to confirm that a child falls within the age range specified by a platform’s terms of service. This is particularly crucial for services designed for specific age groups, ensuring that the content and interactions are age-appropriate. By incorporating age verification through parental consent, platforms can uphold their commitment to providing a safe and suitable digital experience for children.
Legal provisions in United States
COPPA stands for the Children’s Online Privacy Protection Act, a United States federal law enacted in 1998. The primary purpose of COPPA is to regulate the online collection of personal information from children under the age of 13. The Federal Trade Commission (FTC) is responsible for enforcing COPPA, and the law includes various provisions aimed at protecting the privacy and safety of young children in the digital space. Websites and online services directed towards children under the age of 13 are required to obtain verifiable parental consent before collecting, using, or disclosing personal information from children. This includes information such as names, addresses, phone numbers, and other data that could be used to identify a child. Furthermore, COPPA grants parents the right to review and delete their child’s personal information and prohibits websites from conditioning a child’s participation in an online activity on the child providing more personal information than is reasonably necessary. Covered websites and online services must have a clear and comprehensive privacy policy that explains their information collection practices. This policy must be easily accessible to parents and provide details about the types of information collected, how it will be used, and whether it will be disclosed to third parties. The scope of COPPA, nonetheless, does not immediately apply to educational institutions or non-profit organisation. However, it covers third-party organisation that offer online assistance for learning in educational institutions.
UN and its initiatives
The borderless nature of the Internet presents a global challenge in keeping young people safe online. The United Nations (UN) is actively addressing this challenge through various programs and initiatives. One significant effort is the Child Online Protection (COP) Initiative, launched by the International Telecommunication Union (ITU). This multi-stakeholder network promotes awareness of child safety in the online world and develops practical tools for governments, industry, and educators. The ITU Guidelines on Child Online Protection offer comprehensive recommendations for creating a safe online environment for children. The UNICEF actively talks about cyber bullying and human trafficking. Cyber bullying is a prevalent issue, and UNICEF’s Kindly initiative collaborates with social media platforms to combat the same. UNESCO marks the International Day against Violence and Bullying at School Including Cyber bullying every November, emphasizing the need to ensure students’ safety both in school and online. Additionally, UNICEF actively prevents and responds to online sexual exploitation of children globally. The World Health Organization’s 2022 report on preventing online violence against children focuses on child sexual abuse, highlighting the importance of educational programs for children and parents.
Children’s perspectives are crucial in shaping policies governing their digital use. UNICEF supports projects like Global Kids Online and Disrupting Harm to gather evidence on children’s digital rights, opportunities, and risks. Safer Internet Day, celebrated every February with support from ITU, UNICEF, and UNODC, focuses on raising awareness of emerging online issues and current concerns, contributing to a safer online environment, especially for children and young people. Through these initiatives, the UN is taking significant strides to address the complex challenges of online safety for the younger generation.
Looking Ahead: A Collaborative Effort
Ensuring online child protection requires a collaborative effort involving parents, educators, governments, and technology companies. Initiatives may be taken in order to make the children well aware of their online privacy rights and the threats associated with the digital world. Integration of digital literacy into school curriculum to educate children about responsible online behaviour, privacy protection, and the potential risks associated with sharing personal information online will help the children get a better understanding on how to use the internet in a secured way. Also by conducting awareness campaigns and workshops for parents to educate them about the digital landscape, potential risks, and the importance of active involvement in their child’s online activities would further make the parents well aware in order to protect their children from any kind of online bullying etc. Furthermore, encouraging tech companies and online platforms to adopt self-regulatory measures that prioritize the safety and privacy of child users. This includes implementing age verification mechanisms, transparent privacy policies, and robust reporting mechanisms for inappropriate content will help to create a safe digital environment for children. Another important aspect is the robust privacy laws and legal frameworks. Strengthening the laws that specifically address the protection of children’s online privacy and ensuring that regulatory frameworks are updated to keep pace with technological advancements and emerging threats.
CONCLUSION
In a nutshell, the evolution of the digital world has undeniably transformed the way people access information, communicate, and engage in various aspects of life. While the internet brings numerous benefits, including connectivity, education, and entertainment, it also presents significant challenges, particularly in the realm of online child protection.
The surge in online activities, especially among children, has led to increased vulnerabilities, ranging from cyber bullying and exposure to inappropriate content to the collection and misuse of personal data. The importance of online privacy and personal data protection cannot be overstated, as they are crucial for preserving autonomy, fostering trust in digital platforms, and upholding the principles of the right to privacy. Despite the challenges, various initiatives and programs are being implemented at both national and international levels to address online child protection.
As we move forward, it is imperative to prioritize digital literacy, enhance awareness, and strengthen legal frameworks to adapt to the ever-changing dynamics of the digital world. A collective commitment to online child protection will not only empower the younger generation to navigate the digital landscape safely but also foster a digital environment that respects their rights, promotes healthy development, and safeguards their privacy.
[1] Divya Bhati, More than half of Indian youth aged 9-17 spend over 3 hours daily on social media, gaming: Study, India Today (Oct. 16, 2023), https://www.indiatoday.in/technology/news/story/more-than-half-of-indian-youth-aged-9-17-spend-over-3-hours-daily-on-social-media-gaming-study-2449702-2023-10-16.
[2] (Aug. 12, 2023), https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf.
Author: Ritika Gupta
Juris Centre 