Kids have a similar liberties as grownups over their data that are personal. These generally include the ability to:

A kid may exercise these legal rights to their very own behalf so long as these are generally competent to do this. In Scotland, someone aged 12 or higher is assumed become of adequate maturity and age to help you to work out their information security legal rights. In England and Wales and Northern Ireland, competence is examined based upon the amount of knowledge of the little one.

Regardless if a young youngster is simply too young to know the implications of the legal rights, these are generally nevertheless their liberties, as opposed to other people’s such as for example a moms and dad or guardian (Ideas Commissioners Office, 2018a).

GDPR and on the web information

The conditions of GDPR assist children to help keep by themselves online that is safe giving them more control throughout the information they share.

GDPR provides kiddies the ‘right to erasure’. What this means is they are able to request online platforms to eliminate their individual information, including photos, text or status updates.

If a kid has provided any product online which they no longer want you to see, they will have a right to obtain this material eliminated, regardless of if the content ended up being published by somebody else.

Apps, internet sites and games must inform you to users how and exactly why these are typically making use of information.

Under this legislation, young ones should be at the least 13-years-old to supply consent for the information culture solution (ISS) to process their individual information. Parents must make provision for permission if the son or daughter is under 13 (Information Commissioner’s workplace, 2018b). An ISS can be an online solution that is usually commercial and supplied on demand, as an example social networking platforms, apps, linked toys and devices, and the search engines (Suggestions Commissioner’s Office, 2020).

GDPR and kid security

GDPR emphasises the necessity of asking young ones for permission before sharing information that is personal.

If a kid is mature sufficient you ought to let them have the chance to determine whether or not they consent to their private information being shared. If a kid doesn’t always have the capability to make their decisions that are own you need to ask their moms and dad or carer (unless this could place the son or daughter at an increased risk).

Nevertheless, for those who have a young child security concern, you need to share information utilizing the appropriate agencies, even although you have actuallyn’t been given consent. GDPR will not influence this concept.


Kids and young adults’s Commissioner Scotland (2018) in regards to the Commissioner. [Accessed 22/08/2018].

Children’s Commissioner for England (2018) the kids’s Commissioner for England. [Accessed 22/08/2018].

Children’s Commissioner for Wales (2018) About us. [Accessed 22/08/2018].

Council of Europe (2018) European Convention on Human Rights (PDF). Strasbourg: Council of European Countries. [Accessed 21/08/2018]. (2018a) class leaving age.[Accessed 22/08/2018]. (2018b) Child employment.[Accessed 22/08/2018].

Safety and health Executive (HSE) (2018a) exactly just just What the statutory legislation claims about young adults in the office.[Accessed 22/08/2018].

Safety and health Executive (HSE) (2018b) Work experience. [Accessed 22/08/2018].

Suggestions Commissioners Office (2018a) exactly What legal rights do kiddies have? [Accessed 20/08/2018].

Ideas Commissioner’s Office (2018b) Children and also the GDPR [Accessed 30/01/2020]

Ideas Commissioner’s Office (2020) Age design that is appropriate a rule of practice [Accessed 30/01/2020]

Northern Ireland Commissioner for Children and young adults (NICCY) (2018) The Commissioner. [Accessed 22/08/2018].

Workplace associated with the us tall Commissioner for Human Rights (OHCHR) (1989) meeting in the liberties for the son or daughter. Geneva OHCHR.

Scottish national (2005) Code of assistance with homelessness (PDF). Edinburgh: Scottish National.

Scottish national (2014) nationwide guidance for youngster security in Scotland (PDF). Edinburgh: Scottish National.

Further reading

The NSPCC library catalogue using the keyword “children’s rights” for further reading about children’s rights, search.

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