Are The Kids Alright? Exploratory Consultation For Development Of Children’s Privacy Code Launched In Ontario

On May 12, 2025, the Office of the Privacy Commissioner of Canada (OPC) announced the launch of an exploratory consultation to develop a children’s privacy code to strengthen the protection of young people in the digital world. The consultation invites child advocacy groups, businesses, parents and guardians, educators, and other interested parties to contribute thoughts and feedback to ensure the code will reflect the best interests of young people.

The goal of this exploratory consultation is to develop a code setting out the OPC’s expectations regarding the handling of children’s personal information under Canada’s Personal Information Protection and Electronic Documents Act. The OPC seeks to build upon its established principles and identify potential issues and “on-the-ground” challenges in protecting children’s privacy. This code is intended to ensure that private sector organizations implement safeguards and practices for protecting children’s privacy online while also providing effective tools for children to exercise their privacy rights. The OPC has noted that similar legislation has already been enacted internationally to target organizations providing services or products directed at or intended for children.

The OPC is seeking comments on the following areas of interest relating to the children’s privacy code:

• Scope: Should a children’s privacy code apply differently to sites exclusively directed at children and those directed at a broad audience that includes children?
• Children’s Privacy Rights: What measures should be put in place to ensure that a child has the capacity to provide consent?
• Design: How can consideration for the best interests of the child be integrated into the design and privacy impact assessment processes? 
• Transparency: What information should an organization provide in a privacy notice about their handling of children’s personal information?
• Privacy Protection: What measures could organizations employ to ensure that children’s personal information is only retained for as long as is necessary?
• Deceptive Practices: How can products or services be designed to encourage children to adopt privacy protective behaviours?
• Disclosure: What type of technical (or other) measures could be used to prevent the unauthorized use of children’s information?

The consultation period remains open until August 5, 2025.

The full text of the OPC’s exploratory consultation document can be found here.

Summary By: Amy Ariganello