ICO Code of Practice to protect children’s privacy online

“There are laws to protect children in the real world. We need our laws to protect children in the digital world too.” – UK Information Commissioner

Information Commissioner’s Office in January has published a set of 15 standards that online services should meet to protect children’s privacy.

The code sets out the standards expected of those responsible for designing, developing or providing online services like apps, connected toys, social media platforms, online games, educational websites and streaming services. It covers services likely to be accessed by children and which process their data.

The code will require digital services to automatically provide children with a built-in baseline of data protection whenever they download a new app, game or visit a website.

That means privacy settings should be set to high by default and nudge techniques should not be used to encourage children to weaken their settings. Location settings that allow the world to see where a child is, should also be switched off by default. Data collection and sharing should be minimised and profiling that can allow children to be served up targeted content should be switched off by default too.

The standards of the code are rooted in the General Data Protection Regulation (GDPR) and the code was introduced by the Data Protection Act 2018. The ICO submitted the code to the Secretary of State in November and it must complete a statutory process before it is laid in Parliament for approval. After that, organisations will have 12 months to update their practices before the code comes into full effect. The ICO expects this to be by autumn 2021.

This version of the code is the result of wide-ranging consultation and engagement.

The ICO received 450 responses to its initial consultation in April 2019 and followed up with dozens of meetings with individual organisations, trade bodies, industry and sector representatives, and campaigners.

As a result, and in addition to the code itself, the ICO is preparing a significant package of support for organisations.

The code is the first of its kind, but it reflects the global direction of travel with similar reform being considered in the USA, Europe and globally by the Organisation for Economic Co-operation and Development (OECD)

The Secretary of State will now need to lay the code before Parliament for its approval as soon as is reasonably practicable.

Once the code has been laid it will remain before Parliament for 40 sitting days. If there are no objections, it will come into force 21 days after that. The code then provides a transition period of 12 months, to give online services time to conform. The next phase of the ICO’s work will include significant engagement with organisations to help them understand the code and prepare for its implementation.

“In a generation from now, we will look back and find it astonishing that online services weren’t always designed with children in mind.”