C yberkids’ e-Privacy at stake? Data processing and privacy policies in websites aimed at minors

Abstract

Young people are increasingly using different applications of the internet. In this context, they are commercial targets for advertisers, especially on websites designed for this target group. During their visits to these websites, personal data are often collected in an explicit manner (e.g. using electronic forms), as well as in an implicit manner (e.g. using cookies, click stream analysis). To protect the informational privacy (i.e. data protection) and the relational privacy (i.e. in this domain the right not to be contacted by companies by amongst others e-mail for marketing purposes) legislative initiatives have been taken in the European Union (e.g. European data protection directive 95/46/EC). Institutions have made specific recommendations to protect children online (e.g. the Belgian Privacy Commission and the Belgian Internet Observatory). Websites aimed at minors often collect personal data during their visit to allow them (free) access to information and games. But also in the context of contests and online services (chat, e-cards etc.) personal data of the website visitors and sometimes thirds are asked. In order to check whether legal obligations were observed and recommendations applied, websites of organisations established in Belgium and mainly targeting kids and teens have been analysed. The results show that, while a majority (8 out of 10) collects personal data, only a minority observes the privacy rights of the young website visitors. This results from an analysis of 294 websites published in the fourth privacy paper entitled Cyberkids’ e-Privacy by Prof. dr. Michel Walrave of the University of Antwerp (Belgium). Privacy statements summarizing information concerning the identity of the responsible for the data processing, the purpose(s) of it and the specific privacy rights, are present in only a minority of websites harvesting personal data (4 out of 10). Furthermore, the privacy statements are often incomplete or do not use a phrasing adjusted to the target group. Also few companies involve the parents when collecting personal data, by informing them or asking their permission. Therefore new initiatives of (co-)regulations could be taken to make clear when, for which purpose(s), how and which personal data of minors can be processed. How minors are informed about this and how they can exercise their privacy rights are important for the development and awareness of the growing-up consumers. Moreover, some explanation is needed about the circumstances in which the advice or permission of a parent is indispensable. The purpose of the Privacy Papers is to investigate specific topics in the area of privacy protection in the information society in general and the internet in particular. Since 1992 prof. dr. Michel Walrave, author of the papers, is conducting research on the implications of the information society, especially (online) data protection and direct marketing.