Balancing the autonomy and protection of children: competency challenges in data protection law

This article considers some complexities surrounding the determination of child competency in matters of data protection. Focusing on the Information Commissioner's Office (ICO) guidelines, the article highlights the apparently pivotal role competency plays in granting children the ability to exercise their data protection rights and interests. The article critically examines the inherent challenges arising from the ICO's approach, emphasising the reliance on data controllers to independently assess the competency of child data subjects. The inherent problematic nature of this approach is scrutinised, shedding light on potential shortcomings and raising questions about the effectiveness and fairness of such assessments.