Publications

This working paper provides a short overview of the challenges and opportunities related to child protection and the use of encryption technology. While it does not constitute the UNICEF organizational position on the topic, it is meant to inform UNICEF on the issue and to reach and engage professionals, including nonexperts, within and between the child rights and privacy rights sectors.

This paper will provide an overview of the debate around encryption and its possible impact on children’s right to protection from harm. It also reflects on the pros and cons of some proposed solutions.

Encryption encodes information so that it can only be read by certain people. ‘End-to-end’ is a robust form of encryption where only the users communicating can read the information. In other words, third parties – such as service providers – cannot decrypt the information.

It matters for children because while it protects their data and right to privacy and freedom of expression, it also impedes efforts to monitor and remove child sexual abuse materials and to identify offenders attempting to exploit children online.

Balancing the need to collect data to support good decision-making versus the need to protect children from harm created through the collection of the data has never been more challenging than in the context of the global COVID-19 pandemic. The response to the pandemic has seen an unprecedented rapid scaling up of technologies to support digital contact tracing and surveillance. As the pandemic progresses, we are also likely to see the emergence of more applications that link datasets as we seek to better understand the secondary impacts of the pandemic on children and their families.

This working paper explores the implications for privacy as the linking of datasets increases the likelihood that children will be identifiable and consequently, the opportunities for (sensitive) data profiling. It also frequently involves making data available to a broader set of users or data managers.

While it is recognized that reuse of unidentifiable data could potentially serve future public health responses and research, the nature of, access to and use of the data now and in future necessitate accountability, transparency and clear governance processes. It requires that these be in place from the outset. These are needed to ensure that data privacy is protected to the greatest degree possible and that the limitations to the use of these data are clearly articulated.

We live in an information society, where the flow of information in the virtual environment is unprecedented. Web 2.0 platforms – and recently Web 3.0 platforms and the Internet of Things (IoT) – represent an important step forward in enhancing the lives of both adults and children everywhere, by combining greater efficiencies with a wide availability of new tools that can boost individual creativity and collective production. This new environment has exposed adults and children to fresh challenges that deserve special attention, especially those surrounding privacy. The main objective of this paper is to address the challenges posed to child privacy online and the impact that these challenges might have on other rights such as freedom of expression, access to information and public participation. To do this, the paper first analyses the current (and foreseen) threats to child privacy online and the various approaches adopted by government and/or the private sector to tackle this issue. The paper also examines whether children’s perspectives and needs are considered in international debates on technology regulation, including in regard to the so-called ‘right to be forgotten’. It then contextualizes the protection of privacy (and data protection) in relation to other fundamental rights in the online environment, arguing that in most cases this interaction is rather positive, with the enforcement of the right to privacy serving to protect other rights. The paper concludes by proposing some policy recommendations on how to better address the protection of children’s online privacy. These objectives are achieved through literature review and analysis of legal instruments.