BCS is responding to the call for evidence and views on the Age Appropriate Design Code from The Information Commissioner (ICO).
The Age Appropriate Design Code is a requirement of the Data Protection Act 2018 and will provide guidance on the design standards that the ICO will expect providers of online ‘Information Society Services’ (ISS), which process personal data and are likely to be accessed by children, to meet. Once it has been published, the ICO will be required to take account of any provisions of the Age Appropriate Design Code she considers to be relevant when exercising her regulatory functions. The courts and tribunals will also be required to take account of any provisions they consider to be relevant in proceedings brought before them. The Age Appropriate Design Code may be submitted as evidence in court proceedings.
Further guidance on how the GDPR applies to children’s personal data can be found in our guidance Children and the GDPR. The ICO will disregard any suggestions that fall below GDPR standards.
The ICO will use the evidence gathered to inform further work in developing the content of the Age Appropriate Design Code.
The scope of the Code
The Data Protection Act enables the ICO to set standards of age appropriate design which she considers to be desirable, having regard to the best interests of children. It requires the Commissioner to have regard to the fact that children have different needs at different ages, and to the United Kingdom’s obligations under the United Nations Convention on the Rights of the Child.
During Parliamentary debate the Government committed to supporting the ICO in her development of the Code by providing her with a list of ‘minimum standards to be taken into account when designing it.’ The ICO will have regard to this list both in this call for evidence, and when exercising her discretion to develop such standards as she considers to be desirable.
In developing the Age Appropriate Design Code the ICO will also take into account that her role in this respect, is limited to making provision for the processing of personal data.
To view the Age Appropriate Design Code Call for Evidence Questions, please download the following document
Consultation closes September 6th 2018.