Children’s Privacy and Video Games: Comments on Commercial Surveillance ANPR, R111004

Abstract

These comments were prepared in response to the US Federal Trade Commission's advance notice of proposed rulemaking on commercial surveillance and data security (ANPR R111004). In these comments, we examine privacy and surveillance issues in children's media with a focus on video games. We argue in favour of context-sensitive rules for game design and a robust approach to children's privacy that takes into consideration their agency and best interests on a case-by-case basis. Amongst other things, we highlight the importance of the purportedly innocuous nature of play in determining whether a practice is unfair or deceptive and the market realities of smaller game developers who find themselves relying on third-party application libraries from larger companies. We also advocate for protecting children's privacy irrespective of parental consent and adopting a proportionate, risk-based approach to privacy rules, including age-assurance systems.