Phorm and Children

[Nicholas Bohm]

Ian Batten wrote:
> 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.

I like these points.  Perhaps Ian would consider a follow-up letter to 
the ICO - mail@ico.gsi.gov.uk.

The Human Rights Act applies to public authorities (or public activities 
of private bodies), and I wouldn't think it applied to ISPs directly; 
but it certainly applies to the ICO, and must therefore be taken into 
account in how they perform their data protection functions under the DPA.

Nicholas
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