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11 March 2010 / Sharon Mitchell
Issue: 7408 / Categories: Features , Media , LexisPSL , Technology
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Where does the virtual buck stop?

The modern child’s relationship with the mobile phone is complex. He is a provider and a receiver of content, a potential customer, and a potential supplier of goods/services by on-line shopping, transferring media files, etc.

The modern child’s relationship with the mobile phone is complex. He is a provider and a receiver of content, a potential customer, and a potential supplier of goods/services by on-line shopping, transferring media files, etc.

Much of this is done at the expense of a parent who contracts as subscriber to obtain the service. A range of legal issues arise. Mobile phone contracts which offer “free” devices leave the user with little perception of the cost of the physical device. In contrast, considerable personal value is placed on the content which carries with it issues of data protection and confidentiality. Data protection law involves concepts of consent.

Under the UK law, children have rights of privacy and confidentiality. In addition, the principles set down in Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112, [1985] 3 All ER 402 HL still

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Hogan Lovells—Lisa Quelch

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