A child's right to privacy in the age of social media against parental rights and responsibilities

Abstract

The digital era had brought about changes in the manner in which children exercise their rights. The rise in access to internet is welcomed as it enables children to engage and use digital platforms as learning spaces. The use of social media platforms raises concerns such as privacy infringement. To this end, parents need to act. The CRC provides for the right to privacy of the child and in turn provides that it is the duty of the parent to ascertain that children are guided and supported throughout their childhood. Parental responsibilities and rights come into conflict with the child's right to privacy, to which a conflict in rights is initiated. To this end, this mini-dissertation is motivated by the following legal question: Does the child's right to privacy transcend the rights, duties and responsibilities of the parents in the digital age of social media? This mini-dissertation answered the research question through an extensive discussion of the applicable international law, regional law and national law on this topic. The aforementioned was carried out through an investigation of the various points of contention which are; the right to privacy of the child, parental responsibilities and rights and the conflicting rights in this discourse. There are number of key findings that the mini-dissertation had brought forth. The exercise of parental rights and responsibilities by the parents or a primary caregiver of the child - such as providing supervision and guidance whilst the child is on social media, interferes with the child's right to privacy in the digital age of social media. The extent to which a child's right to privacy on social media transcends parental rights and responsibilities lies in consideration of the evolving capacities of the child and the need to ensure that the best interests of the child are a primary consideration in matters affecting the child. This research found that such consideration must strike the balance between all the rights concerned. It was concluded that the child's right to privacy in the digital environment must be balanced with parental rights and responsibilities.