GUIDELINES AND CONTRIBUTIONS FOR A REGULATORY IMPACT ASSESSMENT TO PROTECT PERSONAL DATA AND THE BEST INTERESTS OF CHILDREN AND ADOLESCENTS IN THE DIGITAL ENVIRONMENT

Abstract

With the increased use of the internet and new social dynamics, new challenges have arisen in protecting personal data. One of these challenges lies in internet use by children and adolescents, which becomes even more relevant due to the protection based on the absolute priority given to these individuals. This article therefore addresses the issue of inappropriate or unauthorized access to applications and technologies by children and adolescents and the irregular processing of their data in the absence of specific consent, as provided for in the General Data Protection Regulation. As for the dissertation method, the legal-social approach is used, to highlight and analyze the contradictory relationships of the proposed problem. In addition, the legal-propositional method is also used, as it questions the institute of data protection, the autonomy, and capacity of children and adolescents in the technological scenario, and proposes regulatory standards appropriate to the Applied Social Sciences. As a proposal for risk mitigation, specific regulatory guidelines are proposed, based on a brief Regulatory Impact Assessment, for the use of social networks and obtaining consent, based on the General Data Protection Regulation, the Law on Agencies, and the Economic Freedom Law.