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Subject's code : 26602552
The core content of the subject matter encompasses the study of two main rules:
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), which applies from 25 May 2018 (hereinafter, “GDPR”); and
Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales, which aims to adapt the domestic rules on this matter (hereinafter, “LOPD”) (https://www.boe.es/eli/es/lo/2018/12/05/3).
Having said that, Module One looks into the status quo of children within ICT enviroment. Therefore, the study of certain European Union documents and pieces of international legislation is required, namely:
Principal self-regulations in Europe: -Internet and mobile technologies areas: Safer Social Networking Principles for EU 2009, and European Framework for Safer Mobile use by Young Teeneagers and Children 2007, Code of conduct Safer use of mobile phones and services by younger teenagers and children 2008 and Statement of Purpose "A better Place for kids " 2011 and the Principles for the Safer Use of Connected Devices and Online Services by Children and Young People in the EU 2012; Direct and Interactive Marketing area: European Code of Practice for the use of Personal Data in Direct Marketing (FEDMA Code 2002 (2010); Interactive software Products area: Code of Conduct for the European Interactive Software Industry regarding Age rating Labelling, promotion and Advertising of Interactive software products (PEGI Code).
Self-regulations in Spain: -General publicity area: Código de Conducta Publicitaria y Código Ético de Comercio Electrónico y Publicidad Interactiva of AUTOCONTROL and AECEM; Specific publicity areas: Código Ético de Publicidad en Cine 2000, Directrices buenas Prácticas Publicidad de Productos software interactivo, Código de Autorregulación de la publicidad de alimentos dirigida a menores, prevención de la obesidad y salud (PAOS Code); Audiovisual area: Código de Autorregulación sobre contenidos televisivos e infancia 2003 (2010).
The scenario that has been illustrated in Module One allows for delving deeper into the issues of digital native. There is a variety of mechanisms to combat serious threats to minors posed by certain practices as advertising child pornography or encouraging child sexual abuse, amoral games, even spam e-mail or unsolicited advertising: setting a minimum age for surfing the Internet, development of devices designed to enable proper parental monitoring and providing information that is easily understable on processing of personal data. The agreement by industry is capital, including codes of conduct or self-regulation, which are further promoted by the GDPR.
In this context, a central place must be given to ARCO's rights, i.e., right of access, right to rectification, right to erasure or to be forgotten and right to object, in relation to certain sectors where minors participate as users or consumers of audiovisual and Internet services. Special consideration is given in Module Two to Internet access, since, for the first time, a minimun age is set in this particular by the new Regulation. Indeed, in relation to the direct offer of information society services, processing of personal data shall be lawful only if it has been consented by an individual over the age of sixteen or has been authorized by the holder of parental responsibility over the child. However, Member States may set a lower age for those purposes, provided that such lower age is not below 13.
In addition to the above, Module Three focuses on the right to erasure, or right to be forgotten. The reason for the specific study of this subject is twofold: on the one hand, such a right has been regulated for the first time by GDPR, following the jurisprudence of the European Court of Justice (ECT) on data protection, services information society and individual's e-rights; on the other hand, according to paragraph (65) of GDPR, the right to erasure is relevant in particular where the data subject has given his or her consent as a child without being fully aware of the risks involved by the processing, and later wants to remove such personal data, especially on the internet. The data subject should be able to exercise that right notwithstanding the fact that he or she is no longer a child.