On July 11, the Personal Information Protection Commission (PIPIC) announced a law that strengthens the protection of children’s online privacy. Named the Children and Youth Personal Information Protection Act (CYPIPA), the law expands the scope of personal information protection for children and teenagers from those under the age of 14 to those under 19. Starting in 2023, those under 19 years of age will be able to request that their private information is removed from the internet and social media. Furthermore, online companies are required to implement additional information-processing policies that protect the personal information of younger users.
Members of today’s younger generation are referred to as “digital natives”—those who have grown up with full exposure to digital technology. Most children and teenagers have access to the internet and digital devices from a young age. According to Professor Kwon Hun Yeong (School of Cybersecurity), the lives of digital natives have gradually become datafied, meaning that many parts of their daily lives are accessible in the form of digital data. Professor Kwon explains that this situation is worrisome because most digital natives are not fully aware of the exposure of their private information to others. They do not realize that the act of using digital technology itself can allow others to access their personal information. Many individuals only have a superficial understanding of privacy, which is why the government must present policies that raise awareness of the importance of personal information protection.
An Overview of the CYPIPA
The CYPIPA applies to those under the age of 19. Unlike previous personal information policies that considered those above 14 years old as adults, CYPIPA now covers teenagers as well. According to the new act, adolescents under the age of 19 can request the deletion of their private information shared through social media and internet searches beginning in 2023. The policy applies to posts shared by the individual who requested omission, and to those shared by a third party.
According to the CYPIPA, social media services and online company operators must also establish new personal information-processing policies for younger users. Many information policies are incomprehensible, with users agreeing to them without carefully understanding the terms. To prevent this, online companies are required to simplify the language of their information policies for children. The policies must include information regarding the specific methods for collecting personal data and their purpose. Furthermore, social media platforms and gaming services are strictly prohibited from collecting personal information from users under the age of 14 for commercial purposes. Professor Kwon believes that the CYPIPA is meaningful because it improves the current legal representative consent system and provides personal information protection guidelines and educational material for children and adolescents.
The Right to be Forgotten
The new act raises awareness about the “right to be forgotten” which refers to the right of individuals to request the removal of their personal online data. This concept was first established in 2014 by the Court of Justice of the European Union (CJEU). However, providing legal protection for the right to be forgotten has been a controversial issue ever since. Those who argue for the legalization of this right emphasize that everyone should have the freedom to erase their personal data from social media and other online search engines. Not being able to do so can facilitate the use of personal information in criminal activity or significantly harm personal reputations. Everyone can make mistakes and unintentionally violate their own privacy, especially children and teenagers.
However, not all countries recognize the right to erase personal information from the internet. For instance, the United States (U.S.) does not recognize the right to be forgotten because it is considered to be a violation of the First Amendment. There are concerns that this right can infringe on the freedom of speech and expression by censoring content. Moreover, it can violate the right of individual users to be informed and aware of certain issues.
According to Professor Kwon, the previous Personal Information Protection Act (PIPA) had already stipulated the right to be forgotten in Article 36 as “the right to correct and delete”. However, not many individuals are aware of this. Professor Kwon emphasizes that it is essential to make good use of laws that have already been set in place rather than establishing new rights with a similar name. He suggests that the government should create an environment that raises awareness of personal information protection through additional educational programs.
The Dangers of Sharenting
The CYPIPA not only ensures the right to delete information shared by the individual who requests the removal but also content shared by third parties. This is associated with sharenting (share + parenting) which refers to the practice of parents frequently uploading photos and videos of their children on social media. Although this appears to be a harmless act by parents who want to share adorable moments with their children, the children may later want to remove embarrassing photos that were uploaded without their consent. Professor Kwon pointed out that sharenting may potentially expose the child to online fraud, stalking, and even pornography. He explains that parental authority can only be recognized to the extent that it does not infringe the child’s right. It is essential that parents exercise limited authority, considering how the child will later grow to claim their own rights. Therefore, parents should be more considerate when posting photos or videos of children. Furthermore, Professor Kwon suggests companies to establish measures such as warning parents or requiring additional consent when posting photos of children.
The CYPIPA is a meaningful legislative measure that ensures the protection of children’s online data. While digital technology has greatly contributed to the convenience of modern society, some significant downsides and dangers have arisen. Personal information protection tends to revolve around legal systems or policies that are difficult for the public to fully understand and protect. Through the announcement of the CYPIPA, Korea has come one step closer to becoming a leading country in digital security and information protection.