The Information Commissioner’s Office (“ICO”) has called on a number of social media and video sharing platforms to improve their children’s privacy practices, warning that if platforms do not comply with the law, they will face enforcement action.

The statement is in response to the ICO reviewing certain platforms as part of its ‘Children’s Code Strategy’. The review found “varying levels of adherence” to the Code and some platforms “not doing enough to protect children’s privacy”.

In particular, concerns are raised about default privacy settings, geolocation, age assurance, and targeted advertising, all of which are currently covered in the Code. The review also identified two areas that are not currently covered and on which the ICO is seeking further evidence:

1. The use of children’s personal information in recommender systems including:

• How children’s information is currently being used to design recommender systems and recommend content to children on SMPs and VSPs.
• Examples of good practice related to the collection and use of children’s personal information in recommender systems.

2. The use of personal information of children under 13 years old including:

• Evidence about the effectiveness of profiling techniques to identify children under 13 years old.
• Evidence of approaches to reduce the risk of children trying to circumvent age assurance.
• Use and development of innovative new age assurance practices.

Commenting on the statement, Emily Keaney, Deputy Commissioner at the ICO, said “there is no excuse for online services likely to be accessed by children to have poor privacy practices. Where organisations fail to protect children’s personal information, we will step in and take action. Online services and platforms have a duty of care to children. Poorly designed products and services can leave children at risk of serious harm from abuse, bullying and even loss of control of their personal information.”

The consultation closes on 11 October 2024, and can be found here.