Abstract

The rise of artificial intelligence and technology use has accelerated to such an extent that it has become embedded in everyday life. Children have not been left unaffected by these developments as they increasingly rely on technology in their daily lives. Through their interaction with digital technology, children are part of a vast global system in which huge amounts of their personal data are collected and processed. This data can be easily accessed and used for a variety of purposes, thereby giving rise to a plethora of dangers, including serious privacy concerns for children. Young children and children lacking digital literacy are particularly vulnerable to these privacy violations. The safety risks created by this drastically changing environment necessitate deeper reflection on the impact of AI on children. Such reflection should include the implementation of child-centred policies and more stringent measures to protect children’s privacy rights. One way to accomplish this is through regular review of privacy and data protection legislation, as well as through the establishment of new or amended national and international legislation and policies when necessary. This contribution evaluates South Africa’s data protection legislation, regulations and policies in relation to children’s online privacy rights. This is done against the backdrop of international law and good practices. Where necessary, recommendations for improvement are proposed.