YouTube Accused of Illegally Gathering Data on Children in Official Complaint by UK Parent

The logo of YouTube displayed by a tablet in Toulouse, France, on Oct. 5, 2021. (Lionel Bonaventure/AFP via Getty Images)

YouTube has been accused by a British parent of illegally gathering data on children under 13, which would be in breach of a UK data privacy code.

Duncan McCann, who has three children, has lodged an official complaint with the Information Commissioner’s Office (ICO) in which he claims YouTube gathered data on children’s viewing habits.

The complaint claims up to 5 million UK children under the age of 13 are having their location, viewing habits, and preferences logged in the data banks of YouTube, which is owned by Alphabet, which also owns Google.

McCann made the complaint as a private citizen but the action is supported by his employer, the charity 5Rights, which said it was the first complaint against a Big Tech firm for a breach of the Children’s Code, which was introduced in September 2021.

The charity 5Rights aims to ensure children’s needs and rights are not ignored in digital design.

McCann said: “Imagine YouTube as an adult stranger following your child online with a virtual clipboard recording everything they do. That is what is happening every day, and they are not just doing it with your child.”

“They are doing it with up to 5 million other UK children as well, resulting in an enormous amount of personal information being gathered,” he added.

The code—breaches of which are investigated by the ICO—sets out how tech companies must protect the personal information of young children.

The regulator Ofcom estimates 89 percent of children in the UK between 3 and 17 used YouTube in 2021.

YouTube has in the past said it would turn off default auto-play on videos and block ad targeting and personalisation for children.

The platform offers YouTube Kids, which is “family friendly” and uses automated filters and parental feedback to protect children.

But McCann says YouTube should change the design of its main platform, adjust the algorithm which recommends videos to users, and delete all data it has gathered from children under 13.

He told the BBC that YouTube was “trying to have their cake and eat it.”

The founder of 5Rights, Baroness Kidron, said: “We are supporting Mr. McCann’s effort to ensure compliance with data law that protects children. It is well established that data privacy regimes are central to the safety of children online.”

‘Data Law Is Not a Pick and Mix’

“Data law is not a pick and mix of what elements companies want to adhere to, it is a holistic approach that requires companies to offer children the highest degree of data privacy and in doing so lessen their exposure to harmful experiences and exploitation online.”

In October a coroner recommended separate social media platforms for adults and children, following an inquest into the death of a London schoolgirl, Molly Russell.

Russell, 14, from Harrow, northwest London, who showed no obvious signs of mental illness, took her own life on Nov. 21, 2017. She had viewed online content related to depression and self-harm for months.

The government has proposed an Online Safety Bill which it said would protect children from “online harms.”

In November the government announced it was replacing the duty to remove “legal but harmful” material in the Online Safety Bill, with Culture Secretary Michelle Donelan admitting they would have “stifled” free speech.

The ICO Deputy Commissioner Stephen Bonner said: “The Children’s Code makes clear that children are not like adults online, and their data needs meaningful protections. We’ll consider this complaint carefully.”

Bonner said: “Parents expect their children to be protected online, and as a regulator we expect children’s data to be protected online. If that’s not the case, we’ll take action.”

“We’ve seen improvements in how children are treated online as a result of our work around the Children’s Code, including fewer targeted adverts and new parental supervision tools,” he added.

A YouTube spokesman said, “Over the years, we’ve made investments to protect kids and families, such as launching a dedicated kids app, introducing new data practices for children’s content, and providing more age-appropriate experiences.”

He added: “Building on that long-standing approach and following the additional guidance provided by the code, we implemented further measures to bolster children’s privacy on YouTube, such as more protective default settings and a dedicated YouTube Supervised Experience.

“We remain committed to continuing our engagement with the ICO on this priority work, and with other key stakeholders including children, parents, and child protection experts,” he concluded.

PA Media contributed to this report.