Originally published 8 March 2011
Keywords: online privacy, collecting data, children, CAP
Following guidance issued by the Information Commissioner's Office in 2010 on online privacy, the Committee for Advertising Practice has updated its rules on collecting data from children.
Previously, the CAP Code stated that young people should never be asked for information about others. Now marketers are able to assess the level of risk associated with asking children to provide personal data about a third party. It could be that in many cases this risk is low, for example, the use of an email address for a mailing list that isn't retained or used for any other purpose.
It is still forbidden to collect data for marketing purposes from children under the age of 12 without clear parental consent. The CAP Code rule 10.16 has been amended accordingly and these changes took effect on 14 February 2011.
Learn more about our Intellectual Property practice
Visit us at www.mayerbrown.com.
Mayer Brown is a global legal services organization comprising legal practices that are separate entities ("Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales; and JSM, a Hong Kong partnership, and its associated entities in Asia. The Mayer Brown Practices are known as Mayer Brown JSM in Asia.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.
Copyright 2011. Mayer Brown LLP, Mayer Brown International LLP, and/or JSM. All rights reserved.
