Using AI to personalise advertising raises questions about both personal data and the content shown to children. The ICO’s profiling guidance and the CAP advertising code address different parts of that problem.
Profiling in AI advertising to children
The ICO’s children’s code says options that rely on profiling should be off by default unless there is a compelling reason, taking account of the child’s best interests. It also requires appropriate safeguards against harmful effects. The guidance explicitly discusses behavioural advertising and explains that funding a service through adverts is usually distinct from the core service a child requests.
https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/childrens-information/childrens-code-guidance-and-resources/age-appropriate-design-a-code-of-practice-for-online-services/12-profiling/
Separate purposes and meaningful controls
The ICO distinguishes different reasons for profiling. It says broad descriptions such as providing a personalised service are not specific enough, and that different types of profiling should not simply be bundled under one setting. The guidance also explains that off by default is not the same as an absolute ban. Whether profiling is appropriate depends on the purpose, safeguards and applicable requirements; enabling a setting does not by itself settle those questions.
https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/childrens-information/childrens-code-guidance-and-resources/age-appropriate-design-a-code-of-practice-for-online-services/12-profiling/
Advertising content has its own standards
The CAP code’s section on children says marketing communications must contain nothing likely to cause physical, mental or moral harm. It considers children’s age, experience and the context in which the communication appears. Reviewing a data setting therefore does not replace reviewing the advert itself. For a proposed campaign, read the relevant guidance in full and assess the actual data use, audience and creative material rather than treating an AI label as approval or prohibition.
https://www.asa.org.uk/type/non_broadcast/code_section/05.html
Sources and further reading
https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/childrens-information/childrens-code-guidance-and-resources/age-appropriate-design-a-code-of-practice-for-online-services/12-profiling/
https://www.asa.org.uk/type/non_broadcast/code_section/05.html