Recommendation 8

The general rule under Article 8 of the GDPR is an age of digital consent of 16. Protections for children in the UN Convention on the Rights of the Child should apply to all children under the age of 18. While the ‘consent model’ for data processing in the GDPR remains, the Government should urgently act to protect children by raising the age of digital consent to 16, and putting in place adequate protection for all those under 18 who access services online. In any case, consent should not be used as a basis for processing the data of children under the age of 16. (Paragraph 37) 34 The Right to Privacy (Article 8) and the Digital Revolution Legitimate interests