The Dilemma and Perfection of the “Substituted Decision-Making” Mechanism in the Protection of Minors’ Personal Information

Abstract

In the context of the digital economy, the protection of minors’ personal information encounters challenges in coordination and implementation, necessitating stronger institutional safeguards. Such information embodies dual interests: the minor’s own personal information rights and the parental guardianship rights. Effective governance requires clear age thresholds and balanced consideration of relevant interests. Central to the legal framework is the guardian consent mechanism, which is based on the “substituted decision-making” model from civil guardianship theory. To address practical gaps, this mechanism should be refined in terms of identity verification, validity of consent, and consent withdrawal. Enhancing these aspects can help resolve key difficulties in protecting minors’ personal data.