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Data protection for children - UK law question


richrock

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Does anyone know if a mysql database can store registration information on children including:

 

Name, Age, Date of Birth

 

along with the Parent/Guardian details which contains:

 

Name, Address, Contact Number and Email

 

Just being super cautious, but would appreciate if anyone knows anything about this, as I've spent some time trawling google and getting lost in legalese.  It's for a Holiday company, they're all CRB checked, insured, etc, etc...  Well established around 15 years +

 

Simple yes or no would be awesome, any links would be even more awesome, like a pound of bacon.  :D

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This is a question for the client's lawyers, NOT a web developer.  You are not a lawyer, and therefore you cannot be trusted to make legal decisions on behalf of the company.  If you make the wrong decision and they get prosecuted, they can turn the investigation directly back to you because you didn't seek actual legal counsel.

 

Of course, I'm not a lawyer either, so take that with a grain of salt.

 

-Dan

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If it is necessary for you to store the data (per the clients specification) then of course you can. If you are taking holiday bookings then knowing the names of the guests is essential. If you were to book a flight online for your family, you must provide names & details of all travellers. Where is the difference?

What you must have is a privacy policy. This states that you will not pass the data on to any 3rd party companies, and essentially explains what data you are collecting and why you require it.

 

If you are self employed and are making this website then you should make sure that you have Professional Indemnity Insurance. Hypothetically, if your website had security holes and unlawful access to data was achieved, then you will need to make sure that you are covered.

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If it is necessary for you to store the data (per the clients specification) then of course you can
Whoa there.  He's asking whether or not it's legal to do what the client has requested.  Yes, the client may have told him to do this, but that doesn't mean it's legal.

 

In some countries it is illegal to record information on children without their parents' consent (or even to allow them to visit your website without permission).  Still talk to a real lawyer familiar with your country's laws.

 

-Dan

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In some countries it is illegal to record information on children without their parents' consent

Thats new to me however, as he has stated the client is CRB (Criminal Record Bureau) checked it is obvious that it is a UK company.

If what you are stating is correct then how do the likes of Facebook, MySpace operate in other countries. I would say the majority of users are children and I have never heard of them changing the registration process for users in certain countries. Those sites hold more personal data on users than any other.

 

The client should have a specification. If in any way they are not conforming to the letter of the law, this is not the web developers concern. The website belongs to the client, not the developer.

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Thats new to me however, as he has stated the client is CRB (Criminal Record Bureau) checked it is obvious that it is a UK company.

Which is why I advised him to check with a UK lawyer.

If what you are stating is correct then how do the likes of Facebook, MySpace operate in other countries. I would say the majority of users are children and I have never heard of them changing the registration process for users in certain countries. Those sites hold more personal data on users than any other.
They are very VERY careful.  Facebook has a minimum age of 13, and cordons off anyone under 18 into their own section.  I work for a social network, and we do the same thing.  18 year olds simply do not know 17 year olds exist on the site.  We collect less data on the minors as well.

 

The client should have a specification. If in any way they are not conforming to the letter of the law, this is not the web developers concern. The website belongs to the client, not the developer.

That will be of great comfort to him when he's in jail.  Generally, "my boss told me to and I didn't bother to check if it was illegal or not" isn't a great defense, especially when his computer history will pull up the "hey I wonder if this is legal" forum thread he created.

 

Talk to a lawyer.  A lawyer and only a lawyer can advise you if your actions are legal.  If you have questions on the legality of your company's practices, take them up with your boss.

 

-Dan

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