The childs right to privacy data protection and

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The child’s right to privacy, data protection and protection from commercial exploitation re-visited Dr.

The child’s right to privacy, data protection and protection from commercial exploitation re-visited Dr. Valerie Verdoodt & Prof. Eva Lievens, 10 January 2020, Maastricht Workshop Digitalisation, Ethics and EU Fundamental Rights

Children grow up in an AI environment Technology plays (or will play) a role

Children grow up in an AI environment Technology plays (or will play) a role in almost every aspect of their lives ü Play and entertainment ü Education and homework ü Babysitting and safekeeping ü Doing chores ü Interaction and socialising ü Media consumption ü Health and sports Children growing up today ü… are a datafied generation

Substantial impact on children’s lives and their fundamental rights Well-being and development Play Privacy

Substantial impact on children’s lives and their fundamental rights Well-being and development Play Privacy Freedom of expression, thought Education, privacy literacy Protection against economic exploitation

How can we protect children’s rights? “There is a need for guidelines for AI

How can we protect children’s rights? “There is a need for guidelines for AI technologies that take children’s rights into account, not only for the government and the private sector but also for parents and educators. ” 2018 Internet Governance Forum

Children’s rights and the General Data Protection Regulation GDPR has left some important questions

Children’s rights and the General Data Protection Regulation GDPR has left some important questions unanswered: - - What is fair processing of children’s data (art 5 GDPR)? To what extent does profiling and automated decisionmaking harm child development and should be restricted (art 22 GDPR)? How can we set up child-friendly information provision mechanisms (art 12 GDPR)?

Inspiration from the Council of Europe Recommendation 2018(7) 37. Profiling of children, … ,

Inspiration from the Council of Europe Recommendation 2018(7) 37. Profiling of children, … , should be prohibited by law. In exceptional circumstances, States may lift this restriction when it is in the best interests of the child … 57. “States should take measures to ensure that children are protected from commercial exploitation in the digital environment, …, and requiring all relevant stakeholders to limit the processing of children’s personal data for commercial purposes. ” !! UN Committee on the Rights of the Child Draft General Comment on Children’s Rights in the Digital Environment

Rethinking the child’s right to protection from economic exploitation (Article 32 UNCRC) Material interest

Rethinking the child’s right to protection from economic exploitation (Article 32 UNCRC) Material interest Economic Exploitation Taking unjust advantage Protection from child labour Other forms of exploitation? Profiling (van der Hof, 2016) Targeting with exploitative ads (Verdoodt & Lievens 2017) Postdoc Research Other forms?