Sharenting from the Perspective of the Right to Privacy

Sharenting from the Perspective of the Right to Privacy Presented by: Dr. Sehnálek Date: 1 December 2022 Definition Of Sharenting - SHARENTING (sharing + parenting) • Information about children is shared by their parents typically on social media • Over sharenting - the systematic and excessive sharing of information, or the sharing of potentially problematic and sensitive information that directly interferes with a child's personal rights • There are mane dangers related to the sharenting (bullying - typically by peers, health and life risks because of third person, deviants namely) • Systematization of sharenting:  Direct sharenting under the identity of the parent  Direct sharenting by the parent under the identity of the child.  Indirect sharenting where parents actively create the conditions for the child to share information  Indirect sharenting, where the parent does not intend to disseminate information about the child but does Aspects Of Czech Sub- Constitutional Regulation Privacy Protection - 3 levels of regulation - EU, intl. and domestic law - In domestic (Czech) law • 1. protection of likeness and privacy • 2. family law • Ad 1) Key provision is contained in § 81 of the Civil Code. This provision serves as a general clause according to which "the personality of a person, including all his natural rights, is protected. Everyone is obliged to respect a person's free decision to live according to his own." This general provision is followed in the same clause by a demonstrative enumeration of human values, according to which "the life and dignity of the human being, his health and right to live in a favorable environment, his dignity, honor, privacy and his expressions of his personal nature shall, in particular, enjoy protection." - Only consent or a statutory license may justify the interference - Children often have no or limited capacity to grant the consent Aspects Of Czech Sub-Constitutional Regulation - Parental Responsibility, Representation Of The Child - §§ 855 et seq. of the Civil Code • "Parental responsibility includes rights and duties of parents consisting in caring for the child, including, without limitation, care for his health, his physical, emotional, intellectual and moral development, the protection of the child, maintaining personal contact with the child, ensuring his upbringing and education, determining the place of his residence, representing him and administering his assets and liabilities; it is created upon the child's birth and extinguished upon the child acquiring full legal capacity. The duration and extent of parental responsibility may only be changed by a court". - In most cases the parent does not need the child's consent under Czech law. - Quality of the relationship between parents and children, matters! - § 875(1) • "Parents exercise parental responsibility in the best interests of the child" Justification For Sharenting - - Claire Bessant: • 1. direct benefits for children • 2. benefits for parents from which children benefit too Ad 1) motivating children by broadcasting their achievements, sharenting can help children develop positive networks of family and friends, learn about themselves. Sharenting allows parents to build a positive social media image for children, to counteract 'negative behaviors they might themselves engage in as teenagers. - Ad 2) to avoid isolation, to obtain emotional, practical and social support, and to share parenting advice. Sharenting enables parents to enact and receive validation of their parenting. - Intensity also matters! Consent where possible should be taken into the account! See §875(2) of the Civil Code: • "before making a decision that affects the interests of the child, parents shall inform the child of everything that is necessary for the child to form his own opinion on a given matter and communicate it to the parents; this does not apply if the child is unable to properly receive the message, or form his own opinion or communicate it to his parents. Parents shall pay due attention to the child's opinion and take the child's opinion into account when making a decision."