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Children’s privacy rights online must be protected

The Jamaica Observer posted an article on October 15, 2020, titled protecting children’s privacy rights online. Below are some key highlights:

  • In moving education online the Government is obliged to ensure that appropriate controls are also put in place to protect the right of privacy of our children.
  • Section 2(1) of Jamaica’s Data Protection Act includes “biometric data” in the definition of “sensitive personal data”. When one thinks of biometric data, voice recordings may not be the first thing that comes to mind.
  • Children are not in the same position to protect their rights as adults are.
  • The risks associated with a breach of children’s privacy rights is much greater than that of an adult, given their tender age and limited experience.
  • Unlike the European General Data Protection Regulation, our Data Protection Act does not make any special provision for protecting the privacy rights of children. By virtue of Jamaica’s constitution, all Jamaican children have a right to such measures of protection as are required by virtue of the status of being a minor or as part of the family, society, and the State.
  • In light of this guarantee provided for by our constitution, additional measures should be put in place as are required by virtue of the fact that they are children.

 

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