Snapchat, the popular US instant messaging app, is facing scrutiny from Britain’s data regulator, the Information Commissioner’s Office (ICO), over its handling of underage users. It was reported earlier this year that Snapchat had removed only a small number of children under the age of 13 from its platform in Britain, despite estimations from UK media regulator Ofcom suggesting that there could be thousands of underage users on the app. This has raised concerns about whether Snapchat is doing enough to protect young users and comply with UK data protection laws.
Compliance with Data Protection Laws
UK data protection laws require social media companies to obtain parental consent before processing the data of children under the age of 13. While Snapchat and other social media platforms generally have a minimum age requirement of 13 or older, they have struggled to effectively enforce this rule and prevent underage children from accessing their platforms. It is essential for Snapchat to demonstrate that it has taken adequate measures to remove underage users and ensure its platform is age-appropriate.
When questioned about its efforts to reduce the number of underage users, Snapchat declined to provide specific details. However, a spokesperson from Snap, Snapchat’s parent company, stated that they share the goals of the ICO to ensure digital platforms are age-appropriate and comply with the Children’s Code. They also mentioned ongoing constructive conversations with the regulator regarding the work being done to achieve this.
Before initiating an official investigation, the ICO typically collects relevant information related to the alleged breach. This may involve issuing an information notice to request internal data that could aid the investigation. The ICO has already received complaints from the public regarding Snap’s handling of children’s data following the initial report by Reuters. Some of the complaints specifically addressed Snapchat’s failure to prevent young children from accessing the platform. The ICO has been in touch with users and other regulators to evaluate any potential breaches by Snap.
Past Findings and Fines
Ofcom previously found that approximately 60% of children aged between eight and 11 had at least one social media account, often created by providing false dates of birth. Additionally, Ofcom identified Snapchat as the most popular app used by underage social media users. These findings further fuel concerns about Snapchat’s ability to curtail underage usage.
Earlier this year, the ICO fined TikTok, another popular social media platform, for mishandling children’s data and not taking sufficient action to prevent underage users. If the ICO finds Snap to be in breach of its rules, the company could face a fine of up to 4% of its annual global turnover, which amounts to an estimated $184 million based on the most recent financial results.
Snapchat and other social media firms are facing mounting pressure worldwide to enhance content moderation and protection measures on their platforms. The NSPCC revealed that Snapchat accounted for 43% of cases involving the distribution of indecent images of children through social media. Although Snapchat has not responded to this specific report, the revelations highlight the urgency for Snapchat and other platforms to take stronger actions in safeguarding young users.
Comparing Preventive Measures
While Snapchat does prevent users from signing up with a date of birth indicating they are under the age of 13, other platforms take more proactive steps to discourage underage usage. For instance, TikTok continues to block account creation for individuals who have unsuccessfully attempted to sign up using a false date of birth, ensuring better compliance with age restrictions.
The ICO is currently assessing the approaches taken by Snapchat and other social media platforms to prevent underage children from accessing their platforms. The decision on whether to launch a formal investigation into Snapchat is expected to be made in the coming months. The outcome of the investigation will determine whether Snapchat has fulfilled its obligations to protect young users and comply with UK data protection laws.
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