PolandUstawa o radiofonii i telewizji, Video-Sharing Platform Minor Protection Duties
Ustawa o radiofonii i telewizji art. 47p (tekst jednolity Dz.U. 2022 poz. 1722)
In force since .
An age-appropriate design code rule binding private bodies.
- Covered services
- Video-sharing platform providers established in Poland
- How the hook was established
- express
- What makes it apply
- Operator establishment
- Audit expectation
- none
What it requires
- Applies to video-sharing platform providers established in Poland.
- Create and operate effective technical safeguards, including parental-control systems or other appropriate measures, protecting minors from programmes, user-generated video or other content that could harm their proper physical, psychological or moral development, in particular pornographic content or unjustified violence.no control in the NIST Privacy Framework
- Let a platform user classify the programmes, user-generated video or other content they upload, and apply those same technical safeguards to it.no control in the NIST Privacy Framework
- Do not process minors' personal data collected or generated for this child-protection duty for commercial purposes such as direct marketing, profiling or behaviourally targeted advertising, on your platform, another video-sharing platform or a media service.NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text. Also read by: Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council, KRRiT) (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council)
Settledness
A government bill before the Sejm (print 2697) would add Article 47p(1a), which has a video-sharing platform provider that enables access to pornographic content fulfil the duty in Article 3(1) of the bill.
- As of
- Guidance link
- https://www.gov.pl/web/krrit/kwalifikowanie-i-oznaczanie-audycji-vsp
- Guidance body
- Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council, KRRiT)
- Open questions
- Which technical safeguards are 'skuteczne zabezpieczenia techniczne' (effective technical safeguards) under Article 47p(1)(1) of the Ustawa o radiofonii i telewizji, when the paragraph names parental-control systems 'lub inne odpowiednie środki' (or other appropriate means) and Article 47p(2) lets the National Broadcasting Council specify requirements by regulation only if it chooses to ('może określić')?
What it makes you log
Logging duty
Article 47p(1) requires a video-sharing platform provider to create and operate effective technical safeguards, including parental-control systems, and to let users classify what they upload. It requires no log or record of the safeguards' use to be kept or produced, and Article 47p(4) bars commercial processing of minors' data collected for these duties without setting a retention rule.
- Kind
- None
- As of
What this law does
A video-sharing platform provider must create and operate effective technical safeguards, including parental-control systems or other appropriate measures, protecting minors from programmes, user-generated video, or other content that could harm their proper physical, psychological, or moral development, in particular pornographic content or content unjustifiably exposing violence, and must let a platform user classify the programmes, user-generated video, or other content they upload and apply those same technical safeguards to it.
Personal data of minors collected or otherwise generated by a video-sharing platform provider for this child-protection duty may not be processed for commercial purposes such as direct marketing, profiling, or behaviourally targeted advertising, or otherwise used for those purposes in supplying that platform, another video-sharing platform, or a media service.
When LexLint raises it
When your app profile says your app serves under-18s or operates a social platform.
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