A children’s code dealing with online privacy concerns such as ad targeting is being examined by the office of B.C.'s privacy commissioner.
Such a code is already in use in the United Kingdom, Ireland and California, commissioner Michael McEvoy said.
In the U.K., the code covers online services including apps, games, connected toys and devices and news services.
Elizabeth Denham was the U.K.’s past information commissioner until last year and McEvoy’s B.C. predecessor.
“I believe companies will want to conform with the standards because they will want to demonstrate their commitment to always acting in the best interests of the child,” Denham said in a code introduction. “Those companies that do not make the required changes risk regulatory action.”
McEvoy said B.C.’s Personal Information Protection Act (PIPA) only goes so far.
“I think there’s a case to be made that our children are particularly vulnerable,” he said.
PIPA regulates collection, use and disclosure of personal information by private organizations. McEvoy said the privacy needs of children should be addressed.
Specifically, McEvoy wants to see technology with online tracking turned off by default. Targeted advertising would also be a no-no.
The ‘nudging’ of children to engage in online behaviours is on the table as well. That is, sites with attractive features that prompt kids down a preferred path. McEvoy described such devices as similar to buttons one might see in casino gambling.
In a case where a company wants a user to move further, a large green ‘yes’ button is presented far more prominently than a small-print ‘no’ option.
“The result that the user is ‘nudged’ towards answering ‘yes’ rather than ‘no’ to whatever option is being presented,” the U.K. information commissioner’s office said.
“Those kinds of technology should be prohibited,” McEvoy said. “We don’t want to see kids being addicted to these platforms.”
The B.C. commissioner added companies that interact with children should not be able to share data with third parties.
The U.K. list of services covered by its code include:
- apps;
- programs;
- search engines;
- social media platforms;
- online messaging or internet-based voice telephony services;
- online marketplaces;
- content streaming services (e.g. video, music or gaming services);
- online games;
- news or educational websites; and
- any websites offering other goods or services to users over the internet.
McEvoy noted a recent court case against TikTok; the suit claimed TikTok collected private information from underage users without proper consent and allegedly breached a minor's privacy. In February, TikTok agreed to a $2-million settlement.
Going down the legal avenue might not have been needed if there was a children's code in place, McEvoy told Glacier Media.
The commissioner said parents shouldn’t have to rely on the courts for such protections when oversight can be done through his office.
“You shouldn’t be engaging in anything that would take children down a road that their parent wouldn’t want them to,” he said.
Denham, meanwhile, said while the U.K.'s code will never replace parental control and guidance, "it will help people have greater confidence that their children can safely learn, explore and play online.”
