Adtech and Children’s Data Rights

22 Pages Posted: 11 Oct 2021

See all articles by Lisa Archbold

Lisa Archbold

University of Melbourne, Law School, Students

Damian Clifford

Australian National University College of Law

Moira Paterson

Monash University - Faculty of Law

Megan Richardson

University of Melbourne - Law School

Normann Witzleb

Monash University - Faculty of Law; The Chinese University of Hong Kong

Date Written: September 29, 2021

Abstract

The advertising technology industry, known as ‘adtech’, is a complicated network of organisations and individuals that collect, aggregate and deal with large amounts of personal data. As children engage with digital networks for many aspects of their lives, they are increasingly exposed to adtech practices. Depending on their age, children may have less knowledge of the commercial digital environment and less maturity in their decision-making processes than adults have. Their limited resilience in the face of adtech’s onslaught offers a particularly stark illustration of why it is problematic to look to ‘consent’ as the exclusive or predominant mechanism to control the use of consumer data in the digital ecosystem. This article examines the problems arising from adtech’s data practices and makes recommendations on how to strengthen the agency and control exercised by children and protect their best interests in the context of adtech.

Keywords: childrens' rights, privacy, data protection, advertising, adtech, digital consent

JEL Classification: K10, K23, K30, O33

Suggested Citation

Archbold, Lisa and Clifford, Damian and Paterson, Moira and Richardson, Megan and Witzleb, Normann and Witzleb, Normann, Adtech and Children’s Data Rights (September 29, 2021). University of New South Wales Law Journal, Vol. 44, No. 3, 2021, The Chinese University of Hong Kong Faculty of Law Research Paper No. 2021-56, Monash University Faculty of Law Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3935432

Lisa Archbold (Contact Author)

University of Melbourne, Law School, Students ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

Damian Clifford

Australian National University College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Moira Paterson

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Megan Richardson

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Normann Witzleb

The Chinese University of Hong Kong ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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