Submission to the Office of the Privacy Commissioner of Canada (OPC): Exploratory consultation on the development of a children's privacy code

Executive Summary

This submission to the Office of the Privacy Commissioner of Canada (OPC), prepared by the Centre for Media, Technology and Democracy's Youth Fellow for the exploratory consultation on a children's privacy code, argues that children's privacy is not merely a matter of regulatory compliance but a prerequisite for democratic agency, civic participation, and long-term digital resilience. When children are raised using systems governed by business models that normalize surveillance, targeted manipulation, and commercial exploitation, they learn to expect intrusion rather than privacy and autonomy, making it difficult for them to develop digital literacy and critical agency. Privacy must follow children wherever they go online, rather than requiring them to seek out protections or accept restricted access to platforms.

Drawing on international best practices including the UK Age Appropriate Design Code, the EU Digital Services Act, and the UN Convention on the Rights of the Child, the submission recommends that the OPC adopt a dual regulatory approach grounded in children's developmental needs and risk-based governance. The first pillar is necessity-based data collection limits: strong limits against collecting any personal data of children under 18 unless demonstrably required for safety or core functionality. The second pillar is design-based prohibitions with mandatory education: legislation targeting specific harmful functionalities while requiring technology to be explainable to children through transparent, age-appropriate interactions that build privacy literacy in real time. Canada is urged to implement design-based enforcement mechanisms that prevent harm rather than solely respond to violations, autonomy-focused frameworks treating children as developing rights-holders, and scalable enforcement through continuous youth consultation. This approach also addresses the risk that large platforms may age-gate children out rather than respect their privacy rights, which Canada can counter through universal privacy protections or strategic investment in Canadian safe AI innovation, moving the country beyond outdated consent models toward default protection, autonomy, and accountability by design.