Download This PaperChildren’s Privacy: The Role of Parental Control and Consent
J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent", 19(2) Human Rights Law Review 201-229, 2019
31 Pages Posted: 28 Mar 2020 Last revised: 1 May 2020
Date Written: 2019
Abstract
Protecting children’s informational privacy has never been more difficult. To what extent does it depend upon parental control and consent, and how is this factor incorporated into the law seeking to protect children’s informational privacy? This paper addresses these questions, considering the relevant jurisprudence of English courts, in particular under the tort of misuse of private information, and the relevant jurisprudence of the European Court of Human Rights under Article 8 of the European Convention on Human Rights. This paper argues that the jurisprudence of both courts’ informational privacy cases reveals a doctrine that prioritizes parental control and consent, above the harm of intrusion to the child. This risks laying a legal terrain that does not accommodate the protection and vindication of children’s informational privacy rights when they conflict with the wishes of, or are not actively protected by, that child’s parents.
A version of this paper was presented at Trinity College, Dublin, in 2018. I am grateful to the organizers of this Conference, and to the participants for their stimulating discussion. A subsequent version of this paper was published in the Human Rights Law Review: J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.
Keywords: Privacy, Children’s Rights, Parental Autonomy, ‘Sharenting’, Reality Television, Article 8 European Convention on Human Rights
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Jelena Gligorijevic (Contact Author)
ANU College of Law ( email )
5 Fellows Road Acton
Canberra, Australian Capital Territory 0200
Australia