Facebook and Snap Chat violate age-related rules DPA

Dec

19

2015

Companies like include Facebook and Snap Chat breached the Data Protection Act by not asking whether registrants under 16 have parental consent to create an account when the law prescribes it.

This is shown by research from Yahoo! News. Arnoud Engelfriet, consultant at ICT law opposes the new media that “the Data Protection Act is not written with the Internet age in mind.” and that “regulators but take little effort to take forward these violations.” Services like Facebook and Snap Chat hold a minimum of 13 years for their registrants. This is an age that is valid in most of the world, but not in the Netherlands, as can be read in article 5 of the Data Protection Act. The law has been in force since the year 2001.

Striking that Google does comply with the minimum age of 16 years, but still a step further: users who are under 16, can create no account with the US company. Spotify for example, requires accurate weather consent of all registrants under 18 instead of those under 16. However, this is mentioned in the terms of use and not explicitly in the registration process itself. Across Yahoo! News confirms the Data Protection Authority that companies are required to apply for Dutch registrants under 16 or their parents consent to the processing of personal leave. Furthermore, the college refused to do any conclusions about enforcing the law because it concerns current or future transactions. View of an amendment of the law is not there.

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