New paper outlines proposed improvements to Article 8 GDPR

In commemoration of the 10 years of the General Data Protection Regulation (GDPR), and before the Digital Omnibus discussions, Dariusz Kloza, Laura Drechsler and Elora Fernandes asked scholars across Europe how could the GDPR be improved to actually further protect fundamental rights?

The answers to this question have been published at Computer Law & Security Review, in its special edition ‘Towards a Competitive Digital EU: Addressing and Overcoming the Barriers to Regulatory Effectiveness’.

Elora Fernandes focused on Article 8 GDPR (conditions applicable to child's consent) and proposed to:
🔹 Extend Article 8 to apply to all data processing activities requiring consent, not just those related to information society services (ISS);
🔹 Harmonize the age of consent across Member States;
🔹 Introduce an assent mechanism to meaningfully involve children in decisions about their data;
🔹 Require consent to be renewed when the data subject reaches the age of consent;
🔹 Clarify about the need to implement age assurance mechanisms when assessing the validity of consent;
🔹 Mandate that children’s data always be processed in their best interests.

The paper ‘If it ain’t broke, don’t fix it? Ten improvements for the upcoming tenth anniversary of the General Data Protection Regulation’ is open access and can be accessed here.