Abstract
In this paper, I examine the regulatory deficiencies surrounding children’s online privacy. Specifically, I assess how the passive collection of children’s information through their parents is permitted under the current legislation. I examine two online activities of parents that jeopardize their children’s privacy: (1) “sharenting” on social media platforms; and (2) the use of pregnancy and parenting mobile applications. I outline the consequences children face because of this unconsented passive collection of their information enabled by their parents’ technology use. Lastly, I call for more stringent regulation. We need legislation that explicitly differentiates children’s privacy interests and offers specific safeguards for them to preserve their digital identity and overall safety.
Highlights
I dedicate this paper to Ruby Kerr, so that all children like her may flourish in the digitalized world, as her father would have wanted
There is no place for a child to hide online – they have a digital footprint before they can walk and an audience before they can see
The Personal Information Protection and Electronic Documents Act (PIPEDA),iv overseen by the Office of the Privacy Commissioner of Canada, applies to private-sector organizations in Canada that collect, use, or disclose personal information in the course of commercial activity
Summary
Beyond sharenting on social media platforms, parents using mobile applications discretely funnels children’s information to the online world. The users, often women, seek answers to the uncertainties of caring for a newborn, and create connections with others to help cope with the loneliness and social isolation commonly accompanying childbirth.xxxvi Some mobile applications in the market have amassed over ten million users and billions of data points.xxxvii The apps have fostered a large and trusting environment where users do not actively assess the validity of the predictions or consider the security and privacy implications of their use.xxxviii. Organizations are leveraging this trust and further exploiting it through their ambiguous privacy policies. The long-term consequences for children are difficult to predict.l The uncertain and unknown future applications and integrations of children’s data leave us with no assurances.li We need legislative change today to protect the children of tomorrow
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