Protection of Children's Personal Data and Artificial Intelligence

Smart internet-enabled devices and applications are becoming more popular in people’s lives and homes. Children are bound to be eventually affected by these trends. Children user smart devices designed specifically for them, such as internet-connected artificial intelligence based smart toys, to play and learn from a young age. They are also influenced by devices that aren't specifically aimed at them but are "present" in their everyday lives, such as smart home assistants that record and process everything

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While artificial intelligence and technology provide many conveniences and innovations to our lives with their rapid developments, these developments bring concerns about the adequacy of existing systems and mechanisms and ethical questions that ensure the protection of human rights. With the concern of not being able to keep up with the pace of technology, it is seen that international actors, especially the European Union, take action to prevent the potential damages of artificial intelligence on human rights and democracy. In this article, the possible negative effects of technology and artificial intelligence on the protection and privacy of children's personal data are examined, including the violations related to the subject.

The procedures and principles regarding the collection, processing and transfer of personal data belonging to children are regulated within the scope of data protection legislation. With the eighth article of the European General Data Protection Regulation, it has been stated that the processing of data belonging to children under the age of sixteen is prohibited and this processing is legally possible only with the permission of the child's parent or guardian. In the United States, in accordance with the Children's Online Privacy Protection Act, the collection, processing and disclosure of the data of children under the age of thirteen will only be possible with the consent of their parents. However, it should be stated that in accordance with the principle of the best interest of the child regulated in the third article of the United Nations Convention on the Rights of the Child, each actor who processes personal data of children should act on the basis of this basic principle.

The Federal Trade Commission of America has decided that the electronic toy company VTech violates the Children's Online Privacy Protection Act by not taking reasonable steps to collect personal data from children and to secure the data they collect without direct notification and parental consent. VTech was fined $ 650,000 for this violation. The fact that he stated that he used it and decided to pay a fine of $ 170 million13 for this practice is an indication of this.

It is included in the annex of UNICEF's 2018 Children's Online Privacy and Freedom of Expression report and prepared for use by any company such as online platforms, mobile operators and device manufacturers that engage in activities that may affect the privacy rights of children in the digital environment. the checklist can be considered as a starting point for commitments to be made, especially by private enterprises. This checklist; Web sites by any company that has an impact on children's data privacy and expression rights under the headings of "acquiring children's personal data", "using and storing children's personal data", "ensuring children's access to information" and "educating and informing children online", has been prepared to establish self-control in companies during the design process of platforms, products and services.