QuestionQ25

Compliance with European Data Protection Law and Regulation

In which circumstance would a data controller be most likely able to justify processing a child’s data without parental consent?

  • A When the data is to be processed for market research.
  • B When providing preventive or counselling services to the child.
  • C When providing the child with materials purely for educational use.
  • D When a legitimate business interest makes obtaining consent impractical.
Explanation

GDPR Recital 38 recognizes an exception for preventive or counselling services offered directly to a child: consent from the holder of parental responsibility should not be necessary in that context. Marketing is specifically an area requiring heightened protection, and a business interest or educational purpose alone does not create the stated exception.

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