CHILDREN’S PRIVACY IN XR APPLICATIONS – A RIGHTS-BASED APPROACH

Authors

Witzleb, Normann

Abstract

In the extended reality (XR) of Metaverse applications, several innovative technologies converge and interconnect to blur the lines between the digital and physical worlds. The seamless operation of XR applications requires the collection and processing of huge quantities of data, including personal data, to give users a truly immersive virtual experience. One of the major intended user groups of the Metaverse are children, who increasingly use XR spaces to learn, play, create content, and engage in a wide range of other activities. This article considers the challenges to safeguarding children’s privacy in this evolving digital landscape and makes recommendations for a rights- based approach to protecting children’s personal information.

The article first maps the types of personal data that are collected in the Metaverse. It then identifies privacy risks in the Metaverse and discusses what legal and non-legal mechanisms exist to mitigate these risks. This is followed by a discussion of why children need special protection of their privacy and how a child rights’ approach to privacy protection would operate. Children’s privacy requires special attention not only because they are projected to be one of the main audiences of the Metaverse but also because young users are particularly vulnerable to harm arising from inappropriate use of their personal information. In discussing a child rights’ approach, a particular focus is on codes for age-appropriate design that are emerging in an increasing number of jurisdictions. After considering possible modes of implementing regulation and acknowledging the difficulties of enforcing data rights in the Metaverse, the article makes specific recommendations for the protection of children’s data in XR space.

Recommended Citation

Witzleb, Normann, CHILDREN’S PRIVACY IN XR APPLICATIONS – A RIGHTS-BASED APPROACH, 41 Santa Clara High Tech. L.J. 67 (2025).
Available at: https://digitalcommons.law.scu.edu/chtlj/vol41/iss1/1