Protection of children’s personal data in social networks in the context of the right to be forgotten

Abstract

The article is devoted to a legal analysis of the protection of the confidentiality of children’s personal data on social networks in the context of the right to be forgotten and the General Data Protection Regulation. It is established that most social networks have their own usage rules, but their priority is to attract more users and company profit rather than the security of users’ personal data. Legal mechanisms for the implementation and protection of human rights in the digital environment are in the process of formation and improvement. It is proven that the application of the right to be forgotten has become one of the forms of personal data protection in social networks and on the Internet in general. Although initially the right to erasure emerged only at the level of the judicial practice of the Court of Justice of the EU, an effective mechanism has now been created to protect the individual’s right to delete outdated information about themselves, taking into account the balance between the right to privacy and the right to freedom of expression. Due to psychological immaturity and limited life experience, children and adolescents may casually disclose sensitive personal information, increasing the likelihood of abuse by both social networks and third parties. Therefore, minors receive special protection as vulnerable user categories according to the General Data Protection Regulation. It is argued that the incorporation of the right to be forgotten into EU legislation helps eliminate undesirable consequences of oversharing and restores minors’ ability to control their digital footprint. The terms of service of most social networks ensure additional protection of minors’ data and provide several options for deleting already disseminated information. Obstacles to the application of the right to be forgotten in social networks are identified, such as the lack of a developed mechanism for deleting photos or videos with minors published without the consent of the child or their parents by another user, the limited ability of users under 13 years old to request deletion without intermediaries, and the limited liability of social networks for the loss of information, data, and direct or indirect damages from such actions.