Protection of Children's Data in Sport – Conference Report

A training and methodological conference entitled "Safe Data of Children and Youth and New Directions of Development in the Field of Physical Culture. How to Meet Contemporary Challenges?" was held at the Bronisław Czech Academy of Physical Education in Kraków. The event brought together experts in personal data protection, lawyers, physical education teachers and physiotherapists. The conference was organised by the Personal Data Protection Office (UODO) and the Kraków School Sports Centre (KSOS) in cooperation with the Academy of Physical Education and the City of Kraków. It formed a key part of the celebrations marking the 60th anniversary of the Kraków School Sports Centre named after the Grey Ranks.

During the opening speech, President of the Personal Data Protection Office Mirosław Wróblewski emphasised the role of KSOS and other sports centres in the development and shaping of attitudes among children and youth. He noted that lawyers, athletes and technology specialists were meeting in one place to discuss data protection and safety, which in itself is a unique event. The President of the Personal Data Protection Office also pointed out that while children navigate the world of advanced technologies with ease, there is still much to be done in terms of their awareness of data protection.

President Wróblewski added that numerous sports applications support development and encourage physical activity, but they also promote the public sharing of personal data, so they should be used consciously; similar risks are associated with the use of electronic school registers, which have become popular in recent years. Highlighting the importance of digital hygiene, Mirosław Wróblewski pointed to the role of two subjects introduced into school curricula in September: health education and civic education.

The President of the Personal Data Protection Office also reminded attendees that beyond its strict supervisory activities, the office conducts numerous educational initiatives, such as the "Your Data - Your Concern" programme and the guide "A Child's Image Online. To Publish or Not?", issued jointly with the Orange Foundation. The office has also joined the campaign to protect the image of the youngest, led by the Children's Rights Commissioner, and is providing substantive support for the publication of a GDPR guide for the sports sector (in cooperation with the Institute of Sport).

During the conference opening, Professor Andrzej Klimek, Rector of the Academy of Physical Education, delivered a tribute to the Kraków School Sports Centre, and KSOS Director Dr Krzysztof Augustyn spoke about the institution's long-standing tradition.

The event also provided an opportunity to present a state award to KSOS on the occasion of its 60th anniversary. The medal was awarded by the Children's Rights Commissioner Monika Horna-Cieślak and handed over to Dr Krzysztof Augustyn together with President of the Personal Data Protection Office Mirosław Wróblewski.

The first part of the meeting focused on personal data and GDPR in sports institutions and the role of artificial intelligence in physical activity and culture.

Before the panel began, special guest Robert Korzeniowski, four-time Olympic champion and advisor to the Minister of Sport and Tourism on Sports Strategy, spoke. He expressed his satisfaction that data protection issues are being considered in the context of sports development, as this will make physical activity more conscious and safer.

Children's Rights Commissioner Monika Horna-Cieślak, in her speech, presented key issues concerning children's well-being related to their privacy and image. She pointed out that 74% of teenagers believe that publishing their image without consent is inappropriate, and 63% want teachers to ask for permission before publishing images of minors.

She also referred to the Convention on the Rights of the Child and its Article 16, which guarantees children the right to protection of their private, family and home life, correspondence, honour and reputation, safeguarding them from interference or attacks on these aspects of life.

The first expert to speak was legal counsel Maciej Groń from Dyżurnet.pl NASK. He noted that those who practise sport and achieve success are highly visible online, which poses serious risks to their image and privacy, as an online image consists not only of photos but also of the groups we belong to, the websites we visit, and the way we express opinions.

Maciej Groń also presented Dyżurnet statistics on experiences of cybersecurity breaches among parents and children, as well as experiences of online violence. Particularly concerning are the figures on cyberbullying - in specific cases (such as humiliation, mockery, hate speech), even several percent of respondents have had such experiences.

Paulina Dawidczyk, Director of the Complaints Department at the Personal Data Protection Office, presented the topic "Consent to the Processing of Personal Data of Young Athletes" and noted that Recital 38 of the GDPR emphasises that the protection of children's and youth's data remains a priority, while Recital 58 refers to the issue of informing children and the language of communication that should be used when providing them with information about their rights.

Paulina Dawidczyk highlighted that one of the ideas behind the introduction of the GDPR was to ensure that information about rights is exceptionally clear and understandable, which is now of great importance when discussing GDPR provisions with the youngest to protect their safety and privacy.

She also reminded attendees that consent to process children's images, given by parents or guardians at the beginning of the school year, can be withdrawn by them at any time without giving reasons - something parents often forget.

"Parents and guardians also forget that failure to give consent to process an image must never be linked to a condition for their child's participation in any event, such as a sports competition," added Paulina Dawidczyk.

Agnieszka Kociełkiewicz, Head of the Codes and Analysis Division in the Department of Law and New Technologies at the Personal Data Protection Office, explained what codes of conduct in personal data protection are and the differences between them and guides. She noted that codes are ultimately approved by the President of the Presonal Data Protection Office and accredited and monitored by institutions designated by the President for this role.

The Head of the Codes and Analysis Division explained that codes help ensure proper application of the GDPR and serve as accountability tools for data processors; codes may be developed by communities and organisations involved in specific social fields, such as physical culture. Agnieszka Kociełkiewicz also presented all the procedural steps necessary for a code of conduct to come into force.

Addressing the issue of data protection online, Inspector Michał Pudło, Deputy Commander of the Central Bureau for Combating Cybercrime, noted that 15-year-olds (20-25%) declare that they have exchanged sexually explicit content with friends online, and from 1 January to 30 September of the current year, 1,451 internet crimes targeting minors were reported to the CBZC.

The inspector added that two years ago, a conviction was obtained for the first time in a case of online rape.

The next speaker, Mateusz Kupiec from the law firm Traple Konarski Podrecki and Partners, and an expert from the Department of Administrative Law at the Institute of Legal Sciences of the Polish Academy of Sciences, presented the basic assumptions of the AI Act for the sports sector. He also noted that artificial intelligence is changing the face of sport, as it can even suggest which athlete with specific skills will succeed in the distant future.

Mateusz Kupiec pointed out, however, that although artificial intelligence today offers virtually unlimited possibilities in almost every area of reality, it is always subject to GDPR regulations, and this must be remembered above all.

Magdalena Bigaj, founder and president of the "Institute for Digital Citizenship" Foundation, spoke about the digital hygiene of children and youth in relation to physical activity. She emphasised that according to the "Children's Internet" study, in the 7-12 age group (which theoretically should not be using social media profiles), minors use social media apps for 10 minutes every hour after school. The dominant categories of content viewed include culture and entertainment, especially videos on YouTube or TikTok. Unfortunately, erotic and pornographic content also ranks very high in this list.

Magdalena Bigaj explained that all these activities come at the expense of physical activity.

In the second part of the conference, specialists in sports culture focused on issues such as the impact of physical activity on the human body, the role of physical education teachers, and the relationship between sport and mental health.

The Kraków conference was held under the honorary patronage of Children's Rights Commissioner Monika Horna-Cieślak and Małopolska Education Superintendent Gabriela Olszowska.