Protecting children’s privacy in the online context. A legal perspective

Conference 25 Years CRC Leiden Law School, Leiden University Leiden, 19 November 2014

Protecting children’s privacy in the online context. A legal perspective

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FP7-288021

Avv. Alessandro Mantelero Politecnico di Torino Aggregate Professor

Nexa Center for Internet and Society Director of Privacy

Sino-Italian Research Center for Internet Torts, Nanjing University of Information Science & Technology Research Consultant


There is a wide debate among scholars on teenage behaviour in the online environment (e.g. Danah Boyd, Sandra Cortesi, Urs Gasser, Sonia Livingstone) Various studies demonstrated that teens share a wide range of information about themselves in the online environment. Nevertheless, teens show an increased consciousness of the value of personal information and of consequences of personal data sharing.

The different approach of this study: The study focuses on the aspects of online behaviour related to regulatory profiles, namely online privacy and security

A. Mantelero © 2014

Pilot survey Geographical area: Piedmont (Italy, north-west region, official population: 4.446.230) Period: 2013-14 Structure: 35 questions, 7 sections First sample • 1st grade of secondary school student (12-14) • Dimension of the sample: 435 students (respondent rate = 96.1%) Second sample (stratified sample, two strata) • 2nd grade of secondary school students (15-19) • Dimension of the sample: 1051 students (respondent rate = 91.54%)


Structure of the study


In the second sample, the results show that different educational backgrounds do not affect teen online behaviour. There are not relevant differences between students with a background in humanities and students with a technological of scientific background.

Teenagers mainly use personal computers to access Internet services, but there is an increasing use of mobile connections and gaming consoles (among male students of 1st grade of secondary school)


Key general findings


Devices (blue = computer, red = smartphone, green = gaming console) 1st grade secondary s. 2nd yr, 2nd grade secondary s. 5th yr, 2nd grade secondary s.


Legal implications: mobile devices make it easier to identify and profile users (real name policy, identity-privacy-trust)


Social networks are mainly used to remain connected with family members and existing friends. There is a low interest in using social networks to make new friends and it decreases with the age of respondents.

Use of SNs to remain connected with family members Relevance (blue = high, red = low, green = irrelevant) 1st grade secondary s. 2nd yr, 2nd grade secondary s. 5th yr, 2nd grade secondary s.


The nature of teens’ networks


Use of SNs to make new friends Relevance (blue = high, red = low, green = irrelevant)

Use of SNs to remain connected with existing friends Relevance (blue = high, red = low, green = irrelevant) 1st grade secondary s. 2nd yr, 2nd grade secondary s. 5th yr, 2nd grade secondary s.



Number of online “friends” (green = 51-100, yellow = 101-200, dark green = 201-500, brown = >500) 1st grade secondary s. 2nd yr, 2nd grade secondary s. 5th yr, 2nd grade secondary s.

Legal implications: definition of the border between private and public life, disclosure of private facts, right to be forgotten, “household exception”


How many friends do you have on Facebook?


The results show that the awareness increases with the age of the respondents. Have you ever decided not to post something online because you were concerned it would reflect badly on you in the future? (blue = yes, red = no, green = undecided) 1st grade secondary s. 2nd yr, 2nd grade secondary s. 5th yr, 2nd grade secondary s.


Legal implications: right to be forgotten

Awareness of persistent nature of online information


Parents and other members of the family play a central role in giving first information on online safety. The importance of these figures decreases with the age of the respondents, while the role of teachers and media is more relevant to older respondents. (blue = parents, red/green = other family members, dark green = teachers, brown = media) 1st grade secondary s. 2nd yr, 2nd grade secondary s. 5th yr, 2nd grade secondary s.


Legal implications: The importance of promoting privacy awareness and providing educational tools, privacy by design

Online safety


The results of the survey confirm that the traditional data protection model based on “notice & consent” is going into crisis. The respondents are aware of privacy risks and they know how to manage their profiles, nevertheless they have low interest in reading privacy notices. They consider notices unclear, difficult to find or unnecessary. In many case, respondents give importance to the mere fact that an online service has published its privacy policies. Respondents consider the general reputation of a service provider as an important reason for their choice. Legal implications: the new EU Proposal for a General Data Protection Regulation (“notice & consent” model, accountability, standardised icons)



Data protection and the “notice & consent” model

Alessandro Mantelero http://staff.polito.it/alessandro.mantelero http://nexa.polito.it/people/amantelero [email protected]

@mantelero

Protecting children’s privacy in the online context. A legal perspective Protecting children’s privacy in the online context. A legal perspective


http://staff.polito.it/alessandro.mantelero

http://staff.polito.it/alessandro.mantelero

http://nexa.polito.it/people/amantelero




Protecting children’s privacy in the online context. A legal perspective

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