The new Guidelines on Consent under Regulation 2016/679: a new focus on the paediatric area

The new Guidelines on Consent under Regulation 2016/679: a new focus on the paediatric area

The Working Party on the protection of individuals with regard to the processing of personal data is an independent European advisory group on data protection and privacy that was set up under Article 29 of Directive 95/46/EC. On 10 April 2018, the Working Party adopted the revised Guidelines on consent under Regulation 2016/679 that provide a thorough analysis of the notion of consent in the General Data Protection Regulation (GDPR). The GDPR in fact provides new clarification and specification of the requirements for obtaining and demonstrating valid consent. The Guidelines deliver practical guidance to ensure compliance with the GDPR and building upon Opinion 15/2011 on consent. The obligation is on controllers to innovate to find new solutions that operate within the parameters of the law and better support the protection of personal data and the interests of data subjects.

The Guidelines include a specific paragraph related to the paediatric population. The document underlines that, compared to the current directive, the GDPR creates an additional layer of protection for children, introducing additional obligations to ensure an enhanced level of data protection of children in relation to information society services.

The guidelines offer an overview on the statements of GDPR concerning:

  • Children’s consent and parental responsibility
  • The age of the patient (considering if he/she is below the age of digital consent)
  • Scientific research data

Additional information are available here.

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