Lees hier de masterscriptie Born on the internet. A legal analyses of the conflict between a parent’s right to share online and a child’s right to privacy in European Law van Anique van Osch (Masterscriptie International and European Law Advanced, Radboud Universiteit, Nijmegen, begeleider: mr. dr. Lize Glas, beoordeling: 8,5)
A phenomenon that has developed with the rise of social media: Sharenting. Sharenting connotes the many ways parents share details about their children’s lives online. The term is so broad that it stretches from sharing an ultrasound of a fetus on Instagram with merely friends and family to ‘vlogging’ a family holiday with millions of viewers on YouTube. A parent’s right to share content of his child online might lead to a conflict with a child’s right to privacy, once a child becomes aware of its online persona or evolves from how it was once portrayed on the internet and starts to object to its parent’s disclosure of it. Whether a child’s claim to protection of its right to respect for private life and right to the protection of personal data in European law holds, depends on the outcome of the balance with a parent’s competing right to respect for family life and right to freedom of expression. Although the amount of weight to be attached to the competing rights of the parent and the child depends on the circumstances of the case at issue, several viewpoints are of particular relevance, such as the nature of the publication, the degree of dissemination, the child’s age and the consequences of the publication.