← NDPA 2023 · Children

s.31 — Processing the data of children and persons lacking capacity

high consentlawful-basischildren

Requirement

A data controller shall obtain the consent of a parent or legal guardian before processing the personal data of a child, and shall apply appropriate mechanisms to verify age and consent.

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
childchildrenminorsunder 18under the age ofage verificationage assuranceage of consentpersons lacking capacitylegal capacity
Required element 2 — any one of
parentguardianconsentverif…not permitted
Supporting terms — specificity signals
section 31age gateage assurance18capacityprohibited

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.8 Conditions for a child's consent to online services consent lawful-basis children
GDPR Art.6 Lawful basis for processing lawful-basis consent
CCPA/CPRA 1798.120(c)-(d) Opt-in consent to sell or share minors' information children consent
COPPA 312.4(b)-(c) Direct notice to parents consent children
COPPA 312.5 Verifiable parental consent before collection consent children
COPPA 312.5(a)(2) Separate consent before disclosing children's data to third parties consent children
GDPR Art.5(1)(a) Lawfulness, fairness and transparency lawful-basis
GDPR Art.5(1)(b) Purpose limitation lawful-basis