In which situation would a data controller most likely be able to justify the processing of the data of a child without parental consent?

Question

Options

• AWhen the data is to be processed for market research.
• BWhen providing preventive or counselling services to the child.
• CWhen providing the child with materials purely for educational use.
• DWhen a legitimate business interest makes obtaining consent impractical.

• A
  8% (2)
• B
  81% (21)
• C
  8% (2)
• D
  4% (1)

Explanation

Under the GDPR, the processing of personal data of a child on the basis of consent requires the consent of the holder of parental responsibility over the child, unless the child is at least 16 years old or the applicable national law provides for a lower age (not below 13 years). However, there are some situations where the processing of personal data of a child without parental consent may be justified by other lawful grounds, such as the performance of a contract, the compliance with a legal obligation, the protection of vital interests, the performance of a task carried out in the public interest, or the legitimate interests of the controller or a third party. One of these situations is when the processing is necessary for providing preventive or counselling services to the child, especially in the context of information society services.

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