There should be recognition and protection of the privacy of children's identity and freedom for them to narrate their own online identity
Donovan, Sheila
Donovan, Sheila
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Publication Date
2023-03-21
Type
doctoral thesis
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Abstract
Sharenting is a compound word derived from the words ‘parent’ and ‘sharing’ and, is defined as ‘the online posting of a child’s images and private details by parents with or without the child’s consent’.1 Parents share stories and images which may include that of their unborn child’s first ultrasound scan. Parents who share their children’s images may do so with the view that their children are extensions of themselves.2 While some parents may have privacy concerns, many of those sharing their children's photographs are struggling to understand the complexities of laws, rights, and the technology issues that relate to social media sites. This increased social media engagement can potentially expose children who are the subject of sharenting to identity compromise and theft, privacy erosion, autonomy denial, datafication, dataveillance and the right to self-determine and craft their own identity narrative. The General Data Protection Regulation, 2016 (GDPR) focuses specifically on the safe supervision of adolescents’ online engagement and protection against unauthorised processing of their data by business enterprises.3 The GDPR places the responsibility for consent to the processing of the data of children under the age of 16 years (in Ireland) into the hands of their parents. It fails, however, to address the online safety and privacy of minor children who are the subject of sharenting. Recital 18 of the GDPR exempts the online sharing of household and personal activities from its constraints and protective measures with regard to the processing of minors’ personal data. Minor children, in contrast, are presumed to have their safety and privacy vested solely in the safe hands of their parents. This means that the safeguarding of the private data of minor children who are the subjects of sharenting is at the discretion of parents without any external oversight. This unfettered discretion may be a matter of concern in cases where parents do not engage with security measures when sharing online. In recognition of the prevalence and potential ramifications associated with sharenting, this study examines the practice of sharenting with a view to exploring the belief that “There should be recognition and protection of the privacy of children’s identity and freedom for them to narrate their own online identity.” This investigation addresses questions regarding parents’ understanding of the concept of privacy, engagement with social media privacy measures, the relevance of consent, and views as to where the responsibility for the safeguarding of the privacy of their child’s identity lay. It also looks at how sharenting has impacted the online engagement of young adults, how they view privacy and consent and how they regard the right of the child to a blank digital canvas. In an attempt to answer such questions, empirical research was undertaken to gather information on the prevalence, nature and frequency of sharenting and awareness of the potential ramifications of sharenting. This investigation looks at the best interests of minors, the evolving capacities of the child and the capabilities approach as a theoretical framework, in addition to the level of parental compliance with consent. Young adults’s views are included because having been subjected to sharenting, their input is significant. Furthermore, their participation embraces the spirit of Article 12 of the Convention on the Rights of the Child, which upholds the right of the child to have their voice heard (younger children were unavailable due to covid-19 health and safety restrictions). Data gathered from this body of research revealed that parents believe that the privacy of minors’ identity is a horizon issue which assumes importance only when children reach their teenage years. There is little or no engagement with consent, even when children are capable of consent. While parents recognise that there are dangers associated with sharenting, the level of knowledge regarding the potential ramifications of sharenting is limited. Their concern with regard to the ramifications of sharenting does not always translate into active engagement with privacy measures. Young adults acknowledge and accept the failure of their parents to engage with consent and privacy measures. They tolerate parents’ low-level engagement with privacy measures, although they fear the possible ramifications of sharenting. Despite their tolerance with their parents’ failure to safeguard their privacy as minors, young adults firmly believe that children should be entitled to the right to craft their own online narrative. Young adults are resolute in their conviction never to share the private information of their children, in the event of themselves becoming parents. In light of the evidence uncovered during this investigation, it is established that there is a need to pinpoint a proactive trajectory towards the adoption of measures that will safeguard the privacy of children’s identity and the need for self-determination of minor children whose images are being shared on the worldwide web by their parents. This body of research is welcomed by parents and minors as it raises awareness, opens a discussion and provides evidence-based guidance on how best to promote the adoption of proactive measures that embrace the rights of both parties by establishing a demarcation line between the parents’ right to freedom of expression and the right of the child to the privacy of their identity and self-determination. The evidence extrapolated from the collected data provides an evidential base upon which to build future policy and protection measures designed to safeguard the privacy of the identity and self-determination of minor children. It is not, however, the intention that these findings should curtail the freedom and rights of parents or the holders of parental authority. It is however designed to encourage all parties to take ownership and to buy into the concept of proactive safe digital engagement and recognition of the right of a child to protection of the privacy of their identity and self determination. In full recognition of the continuing positive role of online engagement in everyday life, this thesis aims to address the need for securing the privacy and protecting the identity of children who are the subject of sharenting. The contention of this thesis is that sharenting and the protection of the privacy of one’s identity need not be mutually exclusive.
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Publisher
NUI Galway