Protection of personal data of minors

Microsoft and the federal trade commission (FTC) have agreed that the company should pay the amount of $ 20 million in order to finalize the procedures that investigate it for the improper collection of children's personal data in the registers Xbox form.

The US institution, responsible for the protection of consumer rights, accused the multinational for violation of the law of “children's online privacy protection” (COPPA), since it maintained the personal data of young people without obtaining the consent of its parents or guardians, between 2015 and 2020. In addition, Microsoft also violated notification requirements, consent and retention.

In addition to the amount to be paid, Microsoft has also pledged to improve young people's privacy protection in the use of systems, as well as to obtain the consent of parents and responsible for the accounts created before May 2021, if the child is still holder of the account. Also, it should exclude all personal data collected, obtained without consent or that have already had the purpose for which they were collected.

COPPA is the legislation responsible for protecting the privacy and safety of children in the virtual environment, establishing the need for verifiable consent of those responsible, before collecting, using or disclosing the information obtained. In the Brazilian legal system, art. 14, § 1, of the General Data Protection Law (LGPD) provides for consent as an indispensable measure in the processing of personal data of children, requiring the consent of at least one of the legal parents or guardians.

Given this, the measure adopted by the FTC emphasizes the indispensability of care in the treatment of personal data of children, since it is a vulnerable audience and more susceptible to risks in the virtual environment. Protection of privacy and data security is critical to preserving their well -being and integrity, avoiding possible exhibitions to inappropriate content or violation of rights.