Reflection on data right protection for minors in the digital age

Abstract

The data right protection for minors covers six areas: family, school, society, government, network, and administration of justice. From the perspective of its objectives, the protection includes activities that prevent the data rights of minors from being infringed or relieve the infringement that has resulted. China’s existing data right protection for minors fails to provide an equal level of privacy information protection for the population of all minors, with a tendency of emphasizing prevention over relief and a hazard of alienation of power. Through comparison of relevant laws of China with those of the US and EU countries, a comparative study is conducted to examine the differences between relevant legislations across different legal areas. It is suggested that the scope of protection of minors’ sensitive information be expanded by legislation, that enterprise entities collecting and processing minors’ data be screened and strictly examined on their qualifications, and that the compliance responsibility of data operators be emphasized. Joint protection for minors’ data right should be required from multiple subjects including the state, families, and enterprises. The post-relief approach against data right infringement should be stipulated. The design philosophy of age-appropriate privacy protection can be introduced. To sum up, China should place importance on the processing of sensitive information for minors across different age groups. Meanwhile, it should emphasize the unique status of minors within the data right protection, balancing the relationship between “control” and “protection”.