The question of when a child will be able to give consent to the processing of personal data on his or her own has long been hanging in the air. Even leaving aside the need for parents to give consent on behalf of their children, obtaining consent is sometimes difficult and complicated. Since when, then, can minors give consent themselves?
Age limit for consent: 15 years under the draft law
According to the latest information and the draft law on personal data processing, the age limit should be 15 years even though the age originally considered was 13 years.
The chairwoman of the Office for the Protection of Human Rights and Fundamental Freedoms, Ivana Janů, told reporters that she had asked at a cabinet meeting that the threshold be moved to at least 15 years. The EU norm allows states to choose a limit between 13 and 16 years. “I am of the opinion that parents have a fundamental responsibility for the movement of children on the net, it is necessary to make the age higher,” she said.
Consent will also be needed from minors when setting up social media accounts, etc.
The age limit of 16 was also in play for a while, but is unlikely to be enforced in the final, if only for the logical reason that at 16 a minor is already criminally responsible and should therefore also be responsible for his or her personal data.
How the granting of consent and, in particular, the verification that consent is genuine will take place in practice is still in the stars. We are looking into the issues around data processing consent and other GDPR requirements and will be happy to help and advise you. Please contact us.
Source: https://www.lidovky.cz