4 – Children

In addition to the changes in the Online Privacy Bill (see here), the Discussion Paper suggests amendments to further safeguard children specifically. These include:

• requiring consent be provided by a parent or guardian where a child is under the age of 16¹; and
• requiring APP 5 notices to be particularly clear, current and understandable in relation to information addressed specifically to a child, eg by using visual or graphical communication in privacy notices.

If adopted, these amendments will require organisations to tailor their information-gathering arrangements in circumstances where they are likely to interact with children.

We expect further proposals and amendments on this topic as the Government continues to work through, and seek further input on, the consent and capacity requirements in favour of enhanced privacy protections for children. Implementation of these changes in an online environment, including age verification or verification that a guardian or parent is providing consent on behalf of a child, will present a particular challenge for organisations.