A study on the protection of children's online privacy between Chinese and American mobile apps:From the perspective of guardians'informed consent
In the digital age,the scale of children users in various apps is constantly expanding,which also exacerbates the younger age of children's"Internet access".In addition,due to the limitations of children's consent ability,in-formed consent by guardians has become the main way to protect children's online privacy.Countries around the world generally value the protection of children's right to privacy self-determination,and regard guardians'informed consent as the cornerstone of legislation on protecting children's personal information and privacy.China and the United States view guardians'informed consent as the core rule of protecting children's online privacy in apps.In practice,the appli-cation process of the guardians'informed consent rule can be divided into four substantive links:child identification,guardian knowledge,guardians'consent,and privacy policy implementation.The thesis takes apps commonly used by children in China and the United States as samples for investigation,examines the practical process of guardians'in-formed consent,and makes an analysis of the deficiencies and reasons of guardians'informed consent rule in children's privacy policy of Chinese apps.Situations such as the failure of the"identification"link,the obstruction of the"in-formed"link,the failure of the"consent"link,and the opacity of the"implementation"link have largely caused the di-lemma of inadequate protection of children's online privacy in Chinese apps.Relatively speaking,the protection of chil-dren's online privacy in the United States can be referenced in many aspects.Based on the realistic foundation and prac-tical needs of child online privacy protection in China's apps,cautiously drawing on the beneficial experience of the U-nited States and appropriately adjusting the various aspects of the application of the guardian informed consent rule in China can effectively improve the applicability of the rule in the field of child online privacy protection.Therefore,it is proposed to set up specific measures such as the legal obligation of"child identity recognition",refine the legal obliga-tion of"significant and clear notification",implement the consent mechanism of"selective access"mode,and improve the safeguard mechanism of privacy policy implementation,so as to achieve the Chinese path of implementing the guardi-ans'informed consent rule throughout the whole cycle.
children's online privacyright to privacy self-determinationguardians'informed consentidentification
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