OCTOBER 28, 2024

Joint statement by AAIP and other international authorities on the protection of minor’s data

CIRCULARS

Data Privacy & Data Protection – Cybersecurity  Department Report | Joint statement by AAIP and other international authorities on the protection of minor’s data

Dear all,

On October 24, 2024, a joint declaration was published on the official website of the National Government by the Agency of Access to Public Information (“AAIP”) and the data protection authorities of Canada, the Philippines, Gibraltar, Mexico, and the United Kingdom, concerning the protection of minors’ personal data (“Declaration”) (available here).

The Declaration is aimed at all sectors operating online, establishing criteria and principles to strengthen age verification in digital environments and ensure safe access for children and adolescents. These principles and criteria, detailed on the Information Commissioner’s Office (ICO) website (available here), include:

-Age assurance must comply with data protection regulations, adapting to specific risks to protect users, especially minors.

-The collection of personal data must be lawful, fair, transparent, and limited to what is necessary for the purpose.

-The process must prioritize the best interests of the child while ensuring access to information on the internet for all users.

-Providers of age assurance services must ensure their methods respect privacy, are effective, and proportionate to the risks.

-Providers must assess whether minors can access their platforms and, if inappropriate or unlawful, apply effective measures to block access.

-It is essential to evaluate the risks associated with the age assurance method, especially regarding the impact on minors.

-Providers must balance privacy risks with child protection, ensuring safe access to online content.

-Keeping up to date with the latest technologies is critical to implementing effective and rights-compliant methods.

-Self-declaration is insufficient in high-risk situations as it can be easily circumvented.

-Age assurance is not the only solution; parental controls, educational campaigns, and privacy-by-design principles are also essential to protect minors online.

We remain at your disposal for any further information you may require.

Yours sincerely,

Emilio Beccar Varela

Florencia Rosati

Mariana Lamarca Vidal

Martín Beccar Varela