Legal Updates

Data Protection - Internet Law - Online Privacy - Collecting data from children - Committee for Advertising Practice – Marketing – Law Firms

The Committee for Advertising Practice ("CAP") has recently updated its rules on collecting data from children in light of guidance given by the Information Commissioner's Office in 2010 relating to online privacy.

The previous position was that young people should never be asked for information about others.

The changes were implemented on 14 February 2011 and now marketers can make an assessment of the risk associated with asking children to provide personal data about a third party.

However, it remains the case that collecting data for marketing purposes from children under the age of 12 without clear parental consent is illegal.

Dr Rosanna Cooper is the principal of RT Coopers and specialises in data protection audits and compliance. Dr Cooper may be contacted on 020 7488 9947 or by e-mail: [email protected].

Further guidance can be found on the ICO’s website (http://www.ico.gov.uk/for_organisations/data_protection.aspx) or by contacting RT Coopers - visit http://www.rtcoopers.com/practice_dataprotection.php

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.