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A children’s rights perspective on privacy and data protection in the digital age : a critical and forward-looking analysis of the EU General Data Protection Regulation and its implementation with respect to children and youth

(2021)
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Abstract
This doctoral research focuses on a critical legal analysis of the child’s right to privacy and data protection in the digital environment. In light of recent legal, technological and social developments affecting children’s lives, the project investigates whether there is a need for a re-conceptualisation of those rights. To achieve this aim, the project has monitored the implementation of the EU General Data Protection Regulation with regard to the processing of children’s personal data since 2017. Specifically, it focuses on the GDPR requirements associated with the principles of lawfulness, fairness, transparency, profiling of children and the potential of data protection impact assessments. The GDPR provisions are evaluated from a children’s rights perspective rooted in the UN Convention on the Rights of the Child. The research identified gaps, legal uncertainties and unintended consequences in the existing GDPR framework in relation to the processing of children’s personal data and considered the potential for the GDPR’s implementation to contribute to and maximise the realisation of different children’s rights in the EU.
Keywords
Children, youth, children's rights, data protection, privacy, General Data Protection Regulation, GDPR, European Union, EU, United Nations Convention on the Rights of the Child, UNCRC, children's rights perspective, best interests of the child, human rights, lawfulness, fairness, transparency, automated decision-making, profiling, data protection impact assessment, DPIA, children's rights impact assessment, CRIA, precautionary principle, digital technologies, law, technology, online participation, co-design workshops with children, child participation

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Citation

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MLA
Milkaite, Ingrida. A Children’s Rights Perspective on Privacy and Data Protection in the Digital Age : A Critical and Forward-Looking Analysis of the EU General Data Protection Regulation and Its Implementation with Respect to Children and Youth. Ghent University. Faculty of Law and Criminology, 2021.
APA
Milkaite, I. (2021). A children’s rights perspective on privacy and data protection in the digital age : a critical and forward-looking analysis of the EU General Data Protection Regulation and its implementation with respect to children and youth. Ghent University. Faculty of Law and Criminology, Ghent, Belgium.
Chicago author-date
Milkaite, Ingrida. 2021. “A Children’s Rights Perspective on Privacy and Data Protection in the Digital Age : A Critical and Forward-Looking Analysis of the EU General Data Protection Regulation and Its Implementation with Respect to Children and Youth.” Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
Chicago author-date (all authors)
Milkaite, Ingrida. 2021. “A Children’s Rights Perspective on Privacy and Data Protection in the Digital Age : A Critical and Forward-Looking Analysis of the EU General Data Protection Regulation and Its Implementation with Respect to Children and Youth.” Ghent, Belgium: Ghent University. Faculty of Law and Criminology.
Vancouver
1.
Milkaite I. A children’s rights perspective on privacy and data protection in the digital age : a critical and forward-looking analysis of the EU General Data Protection Regulation and its implementation with respect to children and youth. [Ghent, Belgium]: Ghent University. Faculty of Law and Criminology; 2021.
IEEE
[1]
I. Milkaite, “A children’s rights perspective on privacy and data protection in the digital age : a critical and forward-looking analysis of the EU General Data Protection Regulation and its implementation with respect to children and youth,” Ghent University. Faculty of Law and Criminology, Ghent, Belgium, 2021.
@phdthesis{8714018,
  abstract     = {{This doctoral research focuses on a critical legal analysis of the child’s right to privacy and data protection in the digital environment. In light of recent legal, technological and social developments affecting children’s lives, the project investigates whether there is a need for a re-conceptualisation of those rights. To achieve this aim, the project has monitored the implementation of the EU General Data Protection Regulation with regard to the processing of children’s personal data since 2017. Specifically, it focuses on the GDPR requirements associated with the principles of lawfulness, fairness, transparency, profiling of children and the potential of data protection impact assessments. The GDPR provisions are evaluated from a children’s rights perspective rooted in the UN Convention on the Rights of the Child. The research identified gaps, legal uncertainties and unintended consequences in the existing GDPR framework in relation to the processing of children’s personal data and considered the potential for the GDPR’s implementation to contribute to and maximise the realisation of different children’s rights in the EU.}},
  author       = {{Milkaite, Ingrida}},
  keywords     = {{Children,youth,children's rights,data protection,privacy,General Data Protection Regulation,GDPR,European Union,EU,United Nations Convention on the Rights of the Child,UNCRC,children's rights perspective,best interests of the child,human rights,lawfulness,fairness,transparency,automated decision-making,profiling,data protection impact assessment,DPIA,children's rights impact assessment,CRIA,precautionary principle,digital technologies,law,technology,online participation,co-design workshops with children,child participation}},
  language     = {{eng}},
  pages        = {{XVIII, 454}},
  publisher    = {{Ghent University. Faculty of Law and Criminology}},
  school       = {{Ghent University}},
  title        = {{A children’s rights perspective on privacy and data protection in the digital age : a critical and forward-looking analysis of the EU General Data Protection Regulation and its implementation with respect to children and youth}},
  year         = {{2021}},
}