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However, as Infor.pl reminds, "while placing photos of their children on social networking sites, parents should remember that thus they lose control of their continued online distribution and specified photos can forever fall into the incorrect hands". The phenomenon is becoming increasingly worrying. It is not only about the hazard of 3rd parties utilizing photography, but besides about legal and intellectual consequences. - I never print pictures of my boy on the Internet. I think it's his privacy and his life. I do not realize why another parents do this, putting a kid at hazard of ridicule or even in real danger, says Anna, the parent of a six-year-old. Sharing and the lawPublication of the image of a kid without respect for his dignity may in the future turn against his parents. As Infor.pl explains, after reaching his/her age, the kid has the right to sue his/her/her parents for violating individual property and to request:to carry out the activities needed to remedy the consequences of the breach, to make a cash settlement, to pay the appropriate monetary sum for the stated social purpose. Furthermore, if the kid has suffered harm to property as a consequence of specified a breach, he may request that it be rectified. The statistic are alarming, according to the Ministry of Digital Affairs and NASK data, as many as 40% of parents share photos and videos of their children online.
The essential actions of the governmentThe Ombudsman intervened in this case with the Minister of Digitalization Krzysztof Gawkowski, noting the request to strengthen the legal protection of children. In his letter, the RPO stressed that:there is simply a ban on harassing the kid by means of electronic communication (Article 16 of the Convention on the Rights of the Child), the protection of the child's individual rights, including his good name and dignity, follows from Articles 47 and 30 of the Constitution of the Republic of Poland, the publication of the image of the kid on the net without his consent justifies his right to privacy.- The seriousness of the problem has been seen abroad. In France, a law on respecting the right of the kid to an image was adopted. In many countries, specified solutions are being pursued - argued the RPO. The Ombudsman besides pointed out that social media needs to be regulated to defend children and their rights. Ministry of Digitization - interference in parents' rightsThe Ministry of Digitization in consequence pointed out that the demands concerning the statutory prohibition of sharing are "essential legislative interference in the sphere of parental rights which benefit from constitutional protection". The Ministry stressed that the existing regulations, including the civilian Code, the household and Care Code and the GDPR, already supply legal basis for intervention in situations of danger to the child. At the same time, the ministry has ensured that it monitors developments in another EU associate States, and therefore, if consistent standards appear at EU level or social demand, it does not exclude a re-examination on a legislative basis. For now, the precedence of the ministry is educational and information activities to rise parents' awareness.
Sharing becomes 1 of the most serious challenges of modern protection of children's rights. What is seen present as a sympathetic sharing of memories can lead to lawsuits and long - word household disputes. How do you feel about publishing children's image online? Would you like to share your insights with us? compose to: [email protected]
