In the UK, a child can generally give their own consent for you to process their personal data once they reach the age of 13 years old.
Understanding Children's Data Consent in the UK
Under the UK General Data Protection Regulation (UK GDPR), specific rules apply when processing the personal data of children, particularly concerning consent for information society services (ISS), which include most online services, apps, and websites. The law establishes a clear age threshold for when a child is deemed capable of independently providing consent for their data to be processed.
For organizations operating in the UK, understanding this age-based consent mechanism is crucial for legal compliance and ethical data handling.
Key Ages for Consent
The age at which a child can provide their own consent for data processing is specifically set out:
- Children aged 13 years and over: These individuals may lawfully provide their own consent for the processing of their personal data. This means if a child is 13 or older, their direct consent is typically sufficient for data processing related to online services.
- Children under 13 years: For any child who has not yet reached their 13th birthday, an adult with parental responsibility must provide or authorize consent for their personal data to be processed. This requirement ensures that a guardian is aware of and approves the data processing activities.
This distinction is vital for any service or platform that is accessible to or targets minors.
Practical Steps for Organizations
Organizations that collect or process data from children need to implement clear procedures to comply with these consent rules. This involves:
- Age Verification: Implementing reasonable measures to ascertain the age of users. While not always foolproof, common methods include asking for a date of birth upon registration or service access.
- Parental Consent Mechanisms: If your service is intended for, or likely to be used by, children under 13, you must have robust and verifiable systems in place to obtain consent from an adult with parental responsibility. Examples include:
- Email confirmation to the parent.
- Verification via a linked payment method.
- Consent given through a parent's verified account.
- Clear and Age-Appropriate Information: All privacy notices and terms of service should be drafted in clear, simple language that both children (if applicable) and parents can easily understand. This ensures transparency about what data is collected, how it's used, and who it's shared with.
- Upholding Children's Rights: Even with consent, children retain their rights under the UK GDPR, including the right to access their data, request corrections, and ask for data deletion. Organizations should have processes to facilitate these rights, always prioritizing the child's best interests.
Consent Overview
Here’s a summary of who provides consent based on age:
| Age of Child | Who Provides Consent |
|---|---|
| Under 13 years old | An adult with parental responsibility |
| 13 years old and over | The child themselves can provide consent |
For comprehensive guidance on children's data and the UK GDPR, you can consult resources from the Information Commissioner's Office (ICO).
