Safeguarding the child’s right to privacy and data protection in the European Union and China: a tale of state duties and business responsibilities

Abstract

ABSTRACT The importance of strong legislative frameworks to guarantee children’s privacy, agency and safety in the digital environment has been emphasised by the Committee on the Rights of the Child in its most recent general comment. Both the EU and China, who(se Member States) are Parties to the United Nations Convention on the Rights of the Child, have adopted their own legislative frameworks for protecting children’s rights to privacy and data protection in recent years. This article compares how these two distinct legislative frameworks safeguard these rights. The analysis focuses on the constitutional protection as well as on a comparison of the legislation that is currently in place, such as the General Data Protection Regulation in the EU and the Personal Information Protection Law, the Provisions on Online Protection of Children’s Personal Data and other relevant regulations in China. More specifically, the article zooms in on the responsibilities emerging from these regulatory frameworks for private companies and platforms that process children’s personal data. It ultimately aims to draw conclusions as to whether and how the child’s rights to privacy and data protection are protected in different parts of the world where children use similar commercial apps and services.