Phorm and Children

[Ian Batten]

It is quite common for websites to refuse to deal with children under  
13 (iTunes, for example), and it is routine for them to have a process  
by which any transmission of personal data has to be approved by the  
child's parent or guardian.

It is certainly the case that children (for some definition of  
children which certain includes those aged under ten) cannot consent  
to contracts nor can they consent to anything that affects their  
rights under legislation.

I wonder how BT are going to ensure that children aged under ten who  
consent to have their browsing activity monitored are doing so with  
the agreement of their parents, and how BT are going to ensure that  
decisions taken by parents and legal guardians to opt-out of such are  
process cannot be overridden by the child.

Surely BT cannot believe that presenting a child of nine with a  
webpage which invites them to consent to a change in the terms and  
conditions of a contract signed by their parents is legitimate?

Moving on, I would suggest that if I decide that my children's  
activity on the Internet should not be monitored by BT, that is my  
right as a parent.  Human Rights Act Family Life provisions should  
apply: BT should not deliberately subvert decisions made in the best  
interests of a child by a responsible adult.

ian