Protecting minors as technologically vulnerable persons through data protection: An analysis on the effectiveness of law.

Abstract

The article aims to address the issue of the protection of personal data regarding the only category of vulnerable subjects specifically provided by Regulation (EU) 2016/679 (GDPR): minors. Corresponding attention is dedicated to the Italian legislation (legislative decree 10 August 2018, n.101) enacted to adapt Italian law (the code regarding the protection of personal data referred to in legislative decree 30 June 2003, n. 196) to the GDPR. I will analyze the provisions referred to minors (e.g., articles 8, 12 GDPR as well as art. 2-quinquies of Legislative Decree 2003/196), as well as the principles and rules provided in general terms, which indeed need to be tailored where applicable to the processing of personal data involving minors. Positive aspects as well as critical issues are highlighted in the light of effectiveness, that is to verify if the objectives set out by law (rectius ratio legis) are put in place through rules able to realize them. With particular attention to privacy policies and effective application in digital contexts, the presentation aims to submit issues and proposals for solutions from both a de iure condito and de iure condendo perspective.