The range of apps for children has been increasing for years, presenting parents with ever-new challenges. On the one hand, digitalization and gamification are intended to introduce children to new media, but on the other, these same technologies are also intended to strengthen their development and education. Today’s children and teenagers have long been growing up with smartphones and tablet PCs children’s apps: Pokémon Sleep.
However, apps that involve extensive processing of children’s personal data and monitor young users are problematic.
Total surveillance as a game children’s apps: Pokémon Sleep
The app “Pokémon Sleep” is currently under particular criticism. This game is specifically designto record children’s sleep at night via the smartphone’s microphone and then rate or reward them with points within the app. Therefore, germany business fax list the mobile phone is best plac directly on the mattress next to the sleeping child and left switch on at all times.
Legal basis for data processing children’s apps: Pokémon Sleep
Such apps must comply with the applicable provisions of the General Data Protection Regulation (GDPR).
The only legal basis that could presumably be considered here is the consent of the data subject pursuant to Art. 6 (1) (a), Art. 8 (1) GDPR and Art. 9 (2) (a) GDPR, since the continuous recording of sound recordings could also affect special categories of personal data such as health data (e.g., in the case of illness of children or young people). For children under 16 years of age, according to Art. 8 (1) (2) GDPR, consent would have to be given jointly by the before we go any further parents or legal guardians, who would presumably also have to install and set up the app. This would also have to be verifiable. However, the proper provision of voluntary and explicit parental consent on behalf of the child is doubtful.
. Operators based in the US or other unsafe third countries may also lack an adequate level of data protection.
Finally, the application should also allow for the marketing list deletion of data and should not permanently store user information anyway. Furthermore, appropriate technical and organizational measures must have been implement in accordance with Art. 32 GDPR to ensure an adequate level of data protection.
Overall, therefore, it is (probably) not possible to use such apps in a way that complies with data protection regulations.
