GDPR: What should I think about when processing personal data from minors?

Minors (children below the age of 18 year) have the right to specific protection, as they are often less aware of their rights, the possible risks and consequences associated with the processing of their personal data.

Transparancy

Minors must be informed about which personal data from them are collected, what they will be used for, what the risks, rules, guarantees and rights are and how they can exercise their rights with regard to the processing. It is the task of the researcher to inform minors in a clear and comprehensible manner, using a medium that connects with the world and discernment of minors. It is important to note that minors do not lose their right to be informed if the research requires consent from the parents/guardian. In this case, both parents/guardian and minor must be informed in an appropriate manner.

Legal ground

A legal ground is also required for the collection of personal data from children. This will often be consent and in some cases public interest or legitimate interest. If personal data of minors are collected and processed on the basis of consent, the researcher must request the consent of the person who has the parental responsibility.

Regardless of the legal ground, it is recommended from an ethical point of view to also ask the minors themselves for permission or consent to participate in the study and to process their personal data.

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Last modified Oct. 26, 2021, 11:18 a.m.