Journal №1 (2023)Children’ Personal Data Protection in Digital Environment with Different Expectations Between Parents and Children∘ Tamar Shudra ∘
Abstract
All children have the right to protect and respect their fundamental rights and freedoms in the usual and digital environment. Accordingly, their privacy and personal data should be protected regardless of the age and platform of processing.
European and American legislative provisions (in some cases judicial practice as well) consider parents to be the main figure of the child’s personal data protection since they have the right to exclusive control over the processing of the information about their child. The legislative provisions, as a rule, do not regulate the legal aspects of processing the child’s personal data by the parents in terms of restricting the rights of a child by their parents. The above-mentioned is partially caused by the viewpoints established in society that the parent’s activities are always conditioned by the best interests of a child as well as by the factor that “digital children” are still young and discussions on the issues about their rights in relation to parents in the digital environment have not been launched in legal circles yet.
The judiciary practice confirms that the best interest of a child, as seen through the “parental eyes”, is not always consistent with the interest perceived by the “child’s eyes”. Accordingly, in the aspect of minors’ personal data protection in a digital environment, different expectations and opinions were singled out between parents and children in the modern era. This research aims to review such mechanisms which will ensure the proper formation of parents and their children’s expectations in a digital environment via minors’ personal data protection.
Keywords: Personal data, minor, digital environment, consent.
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