Emerging Security Issues, Rights Violations, and Potential Solutions for Children’s Rights on Social Media
With social media becoming an integral part of our lives, it is observed that certain criminal acts and violations of privacy occur through social media platforms in various forms. Undoubtedly, the widespread use of the internet and information technologies has made access to information easier. It can be said that the virtual environment facilitates the unauthorized use, transfer, or disclosure of images and data belonging to social media users by others.
In the first part of our article series on social media usage, we examined the relationship between social media use and children’s rights. In the second part of our study, security issues on social media platforms, rights violations, child rights infringements occurring through these platforms, and possible solutions will be evaluated.
Security Issues and Rights Violations That May Arise on Social Media Platform
Based on some views found in the literature, the digitization of information also brings certain challenges in the realm of privacy. These include, respectively, “the removal of boundaries in the digital world,”“the potential permanence of the audience observing the shared content,” and “the interaction and intersection between virtual and physical life”[1]. All these aspects demonstrate how information can exist in an unlimited and infinite manner in the digital world and, consequently, what kinds of virtual risks this may entail.
The violation of the privacy of children whose data is shared through social media platforms, as well as the economic exploitation and infringement of personality rights of children used by instamoms in advertising and collaboration agreements, have been the subject of numerous studies across various disciplines.
In previous sections, it was mentioned that content shared of children who have no consent and lack the cognitive ability to understand what is being shared—especially on highly followed and publicly accessible accounts, including content from their infancy and childhood—poses legal and psychological risks that may place both the children and their families in difficult situations in the near future.
While the fundamental view is that such sharing should not take place, the following section of this study will address the security issues that may arise on social media platforms and possible solutions.
Every software on the internet carries the risk of encountering attacks, viruses, and security vulnerabilities. There is no software or application in the world whose systems are immune to attacks or whose stored information is completely safe from harm. Some of the security problems that may occur on social networking platforms include viruses, social engineering attacks, identity theft, third-party software, personal security threats, and the like[2]. Just as it is an undeniable fact that social media and internet platforms have a significant place in our lives, it is also important to remember that these platforms may not be as innocent as they appear.
Setting aside security threats and technical aspects, there is no guarantee that children—whose first steps, feeding habits, and sleep routines are discussed in social media livestreams from the moment they are born; whose gender reveal parties are held before they even come into the world; who are shown partially unclothed while swimming; and who are recorded while being bathed—will not feel disturbed in the future when they search their own names on the internet[3]. Indeed, once children develop the capacity for discernment, they may feel uncomfortable with images that were shared about them in the past, perceive their privacy as having been violated, and believe that their personal data was processed unlawfully—potentially leading them to pursue legal action against their parents. Duygulu argues that legal processes must be initiated due to the all-encompassing and permanently accessible nature of personal data shared on social media[4]. A legal regulation enacted in France in 2016 marked the first step in this context, as authorities warned parents that children whose photos are shared on social media have the right to sue their families. In such cases, the legislation would adopt policies aimed at protecting and supporting the child[5]. In Italy, a 16-year-old child requested that his mother remove his photos from the internet after she had frequently shared them on social media without his consent. He subsequently filed a lawsuit against her over those posts—and won the case[6]. The Italian court ruled that, in order to protect the child’s personal rights, the mother must delete the posts in question and ordered that she would be liable to pay €10,000 in compensation if she shared similar content in the future[7].According to a BBC report, 16-year-old Lucy, who lives in the UK, stated, “When I was around 12 or 13, I noticed there were embarrassing things about me on Facebook.” She said she had asked her father to take down the photos and noted that, had she been asked whether she wanted the photo to be visible to everyone, she would most likely have answered “no.”[8]Similarly, a court in the city of Mantua ordered a mother to remove her children’s photos from social media; and in 2013, a court ruled that a mother who had opened and managed a Facebook account on behalf of her daughter must close the account[9].
Possible Solutions
Considering all these incidents, it should not be forgotten that children whose images, videos, or other content have been shared on social media without their consent may, as they grow older, initiate legal proceedings against their parents in order to protect their personal rights[10].
It is essential that every child—being the smallest individual and the very foundation of society—who is unable to assert even their most fundamental rights and is dependent on others to meet their needs, and who may be subjected to pressure by their parents, whether intentionally or unintentionally, be protected by legal regulations[11]. Although parents have absolute authority over their child, this authority must be exercised in a manner that serves the child’s best interests. If the relevant legal provisions determine that a child’s development is at risk or their well-being is compromised, the judge is authorized to take necessary protective measures, and in cases where such measures prove insufficient, the judge may even decide to revoke parental custody in accordance with Article 348/I of the Turkish Civil Code (TCC)[12]. Additionally, if a child's personal data is shared and their personality rights are violated through images posted by their parents on social media, the court may, alongside revoking custody, also award compensation and apply other legal measures based on Articles 23 and 24 of the TCC.
It is worth noting that since children’s consent regarding their personal data is not considered valid, if their interests are not protected due to data processing by their families or if parental custody rights are abused, children may, in the future, exercise the rights granted to them under the Personal Data Protection Law (KVKK) against their parents[13].
In addition to legal considerations, Steinberg from the University of Florida advises that families should familiarize themselves with the privacy policies of the platforms where they share content on social media, create notifications to alert them if their children's names appear in Google searches, share some posts anonymously, exercise caution before sharing their children’s locations, avoid sharing images of children who are partially clothed or naked, and, finally, consider their children’s future identities and emotional states when posting content[14]. While agreeing with Steinberg’s recommendations, additional precautions may include avoiding sharing content in which children’s faces are visible on the internet, refraining from posting information that reveals the child’s name, location, school, or home address, anonymizing such content whenever possible, and frequently checking the updates and security settings of the devices and software used.
It should not be forgotten that necessary legal proceedings can be initiated against individuals who share images, videos, or content related to children without consent through social media platforms, primarily to protect the child’s best interests and personal rights. This also applies to parents who share every moment of their child’s private life on social media without obtaining their consent in today’s social media environment.
This study addressed the security threats and technical issues arising from online sharing and discussed the legal remedies available to children who believe their privacy has been violated and their personal data unlawfully processed against their parents. As mentioned in our article on “Social Media Use and Children’s Rights,” all responsibility for sharing children’s personal data on social media rests with the mother and father who hold parental custody rights.
Alongside the specific provisions on children’s right to privacy set forth in the United Nations Convention on the Rights of the Child, the Regulation includes special provisions regarding the protection of children’s personal data and the requirement to obtain their consent[15].
Although there is a general legislative framework governing the processing of personal data regardless of whether the individual is a child or an adult, we believe that, as stated in the Regulation, similar specialized and data-processing-restrictive provisions should be introduced in the Personal Data Protection Law (KVKK) regarding the processing of children’s personal data.
REFERENCES
BOOKS AND ARTICLES
DUYGULU, Serap; “Sosyal Medyada Çocuk Fotoğrafı Paylaşımlarının Mahremiyet İhlali ve Çocuk İstismarı Açısından Değerlendirilmesi”, TRT Academy, Volume 04, Issue 08, 2019, Sports Broadcasting, https://dergipark.org.tr/tr/download/article-file/773684, (Accessed: 23.11.2023).
ERDOĞAN, Canan; “Çocukların Kişisel Verilerinin Korunması (Sosyal Medya Örneği Kapsamında)”, D.E.Ü. Faculty of Law Journal, Prof. Dr. Durmuş TEZCAN’a Armağan, Vol.21, Special Issue, 2019, pp. 2445-2467, https://hukuk.deu.edu.tr/wp-content/uploads/2019/09/CANAN-ERDOGAN.pdf, (Accessed: 23.11.2023).
GİRGİN, Ömer Ali/ GÖNAL, Seray; “Çocuğun Kişisel Verilerinin Sosyal Medyada Ebeveyn Tarafından Paylaşılmasının Hukuki Sonuçları”, Journal of the Turkish Justice Academy, Y: 11, Issue: 44, 2020, https://dergipark.org.tr/tr/pub/taad/issue/59540/874336, (Accessed: 23.11.2023).
[2] ZENGİN, Mücahid / ZENGİN, Güldane / ALTUNBAŞ, Hüseyin; “Sosyal Medya Ve Değişen Mahremiyet “Facebook Mahremiyeti”, pp. 119-120, Gümüşhane University Faculty of Communication Electronic Journal, volume: 3, issue: 2, September 2015, https://dergipark.org.tr/tr/download/article-file/83998, (Accessed: 23.11.2023).
[3] DUYGULU, Serap; “Sosyal Medyada Çocuk Fotoğrafı Paylaşımlarının Mahremiyet İhlali ve Çocuk İstismarı Açısından Değerlendirilmesi”, pp. 440-441, TRT Academy, Volume 04, Issue 08, 2019, Sports Broadcasting, https://dergipark.org.tr/tr/download/article-file/773684, (Accessed: 23.11.2023).
[6] For detailed information see “BBC”, “Oğlunun fotoğraflarını izinsiz sosyal medyada paylaşan anne suçlu bulundu”, (News Date: 8 January 2018), https://www.bbc.com/turkce/haberler-dunya-42604622, (Accessed: 23.11.2023).
[7] For detailed information see “BBC”, “Oğlunun fotoğraflarını izinsiz sosyal medyada paylaşan anne suçlu bulundu”, (News Date: 8 January 2018), https://www.bbc.com/turkce/haberler-dunya-42604622, (E.T. 23.11.2023).
[8] For detailed information see “BBC”, “Çocukların fotoğraflarını sosyal medyada paylaşmak iyi bir fikir mi?”, (News Date: 3 November 2016), https://www.bbc.com/turkce/haberler-37846302, (Accessed: 23.11.2023).
[9] For detailed information see “BBC”, “Oğlunun fotoğraflarını izinsiz sosyal medyada paylaşan anne suçlu bulundu”, (News Date: 8 January 2018), https://www.bbc.com/turkce/haberler-dunya-42604622, (Accessed: 23.11.2023).
[10] DUYGULU, ibid., p. 448; GİRGİN, Ömer Ali/ GÖNAL, Seray; “Çocuğun Kişisel Verilerinin Sosyal Medyada Ebeveyn Tarafından Paylaşılmasının Hukuki Sonuçları”, p.112, Journal of the Turkish Justice Academy, Y: 11, Issue: 44, 2020, https://dergipark.org.tr/tr/pub/taad/issue/59540/874336, (E.T. 23.11.2023).
[15] For detailed information see “United Nations Convention on the Rights of the Child”, https://www.unicef.orgf, (Accessed: 23.11.2023).
With social media becoming an integral part of our lives, it is observed that certain criminal acts and violations of privacy occur through social media platforms in various forms. Undoubtedly, the widespread use of the internet and information technologies has made access to information easier. It can be said that the virtual environment facilitates the unauthorized use, transfer, or disclosure of images and data belonging to social media users by others.
In the first part of our article series on social media usage, we examined the relationship between social media use and children’s rights. In the second part of our study, security issues on social media platforms, rights violations, child rights infringements occurring through these platforms, and possible solutions will be evaluated.
Security Issues and Rights Violations That May Arise on Social Media Platform
Based on some views found in the literature, the digitization of information also brings certain challenges in the realm of privacy. These include, respectively, “the removal of boundaries in the digital world,”“the potential permanence of the audience observing the shared content,” and “the interaction and intersection between virtual and physical life”[1]. All these aspects demonstrate how information can exist in an unlimited and infinite manner in the digital world and, consequently, what kinds of virtual risks this may entail.
The violation of the privacy of children whose data is shared through social media platforms, as well as the economic exploitation and infringement of personality rights of children used by instamoms in advertising and collaboration agreements, have been the subject of numerous studies across various disciplines.
In previous sections, it was mentioned that content shared of children who have no consent and lack the cognitive ability to understand what is being shared—especially on highly followed and publicly accessible accounts, including content from their infancy and childhood—poses legal and psychological risks that may place both the children and their families in difficult situations in the near future.
While the fundamental view is that such sharing should not take place, the following section of this study will address the security issues that may arise on social media platforms and possible solutions.
Every software on the internet carries the risk of encountering attacks, viruses, and security vulnerabilities. There is no software or application in the world whose systems are immune to attacks or whose stored information is completely safe from harm. Some of the security problems that may occur on social networking platforms include viruses, social engineering attacks, identity theft, third-party software, personal security threats, and the like[2]. Just as it is an undeniable fact that social media and internet platforms have a significant place in our lives, it is also important to remember that these platforms may not be as innocent as they appear.
Setting aside security threats and technical aspects, there is no guarantee that children—whose first steps, feeding habits, and sleep routines are discussed in social media livestreams from the moment they are born; whose gender reveal parties are held before they even come into the world; who are shown partially unclothed while swimming; and who are recorded while being bathed—will not feel disturbed in the future when they search their own names on the internet[3]. Indeed, once children develop the capacity for discernment, they may feel uncomfortable with images that were shared about them in the past, perceive their privacy as having been violated, and believe that their personal data was processed unlawfully—potentially leading them to pursue legal action against their parents. Duygulu argues that legal processes must be initiated due to the all-encompassing and permanently accessible nature of personal data shared on social media[4]. A legal regulation enacted in France in 2016 marked the first step in this context, as authorities warned parents that children whose photos are shared on social media have the right to sue their families. In such cases, the legislation would adopt policies aimed at protecting and supporting the child[5]. In Italy, a 16-year-old child requested that his mother remove his photos from the internet after she had frequently shared them on social media without his consent. He subsequently filed a lawsuit against her over those posts—and won the case[6]. The Italian court ruled that, in order to protect the child’s personal rights, the mother must delete the posts in question and ordered that she would be liable to pay €10,000 in compensation if she shared similar content in the future[7].According to a BBC report, 16-year-old Lucy, who lives in the UK, stated, “When I was around 12 or 13, I noticed there were embarrassing things about me on Facebook.” She said she had asked her father to take down the photos and noted that, had she been asked whether she wanted the photo to be visible to everyone, she would most likely have answered “no.”[8]Similarly, a court in the city of Mantua ordered a mother to remove her children’s photos from social media; and in 2013, a court ruled that a mother who had opened and managed a Facebook account on behalf of her daughter must close the account[9].
Possible Solutions
Considering all these incidents, it should not be forgotten that children whose images, videos, or other content have been shared on social media without their consent may, as they grow older, initiate legal proceedings against their parents in order to protect their personal rights[10].
It is essential that every child—being the smallest individual and the very foundation of society—who is unable to assert even their most fundamental rights and is dependent on others to meet their needs, and who may be subjected to pressure by their parents, whether intentionally or unintentionally, be protected by legal regulations[11]. Although parents have absolute authority over their child, this authority must be exercised in a manner that serves the child’s best interests. If the relevant legal provisions determine that a child’s development is at risk or their well-being is compromised, the judge is authorized to take necessary protective measures, and in cases where such measures prove insufficient, the judge may even decide to revoke parental custody in accordance with Article 348/I of the Turkish Civil Code (TCC)[12]. Additionally, if a child's personal data is shared and their personality rights are violated through images posted by their parents on social media, the court may, alongside revoking custody, also award compensation and apply other legal measures based on Articles 23 and 24 of the TCC.
It is worth noting that since children’s consent regarding their personal data is not considered valid, if their interests are not protected due to data processing by their families or if parental custody rights are abused, children may, in the future, exercise the rights granted to them under the Personal Data Protection Law (KVKK) against their parents[13].
In addition to legal considerations, Steinberg from the University of Florida advises that families should familiarize themselves with the privacy policies of the platforms where they share content on social media, create notifications to alert them if their children's names appear in Google searches, share some posts anonymously, exercise caution before sharing their children’s locations, avoid sharing images of children who are partially clothed or naked, and, finally, consider their children’s future identities and emotional states when posting content[14]. While agreeing with Steinberg’s recommendations, additional precautions may include avoiding sharing content in which children’s faces are visible on the internet, refraining from posting information that reveals the child’s name, location, school, or home address, anonymizing such content whenever possible, and frequently checking the updates and security settings of the devices and software used.
It should not be forgotten that necessary legal proceedings can be initiated against individuals who share images, videos, or content related to children without consent through social media platforms, primarily to protect the child’s best interests and personal rights. This also applies to parents who share every moment of their child’s private life on social media without obtaining their consent in today’s social media environment.
This study addressed the security threats and technical issues arising from online sharing and discussed the legal remedies available to children who believe their privacy has been violated and their personal data unlawfully processed against their parents. As mentioned in our article on “Social Media Use and Children’s Rights,” all responsibility for sharing children’s personal data on social media rests with the mother and father who hold parental custody rights.
Alongside the specific provisions on children’s right to privacy set forth in the United Nations Convention on the Rights of the Child, the Regulation includes special provisions regarding the protection of children’s personal data and the requirement to obtain their consent[15].
Although there is a general legislative framework governing the processing of personal data regardless of whether the individual is a child or an adult, we believe that, as stated in the Regulation, similar specialized and data-processing-restrictive provisions should be introduced in the Personal Data Protection Law (KVKK) regarding the processing of children’s personal data.
REFERENCES
BOOKS AND ARTICLES
DUYGULU, Serap; “Sosyal Medyada Çocuk Fotoğrafı Paylaşımlarının Mahremiyet İhlali ve Çocuk İstismarı Açısından Değerlendirilmesi”, TRT Academy, Volume 04, Issue 08, 2019, Sports Broadcasting, https://dergipark.org.tr/tr/download/article-file/773684, (Accessed: 23.11.2023).
ERDOĞAN, Canan; “Çocukların Kişisel Verilerinin Korunması (Sosyal Medya Örneği Kapsamında)”, D.E.Ü. Faculty of Law Journal, Prof. Dr. Durmuş TEZCAN’a Armağan, Vol.21, Special Issue, 2019, pp. 2445-2467, https://hukuk.deu.edu.tr/wp-content/uploads/2019/09/CANAN-ERDOGAN.pdf, (Accessed: 23.11.2023).
GİRGİN, Ömer Ali/ GÖNAL, Seray; “Çocuğun Kişisel Verilerinin Sosyal Medyada Ebeveyn Tarafından Paylaşılmasının Hukuki Sonuçları”, Journal of the Turkish Justice Academy, Y: 11, Issue: 44, 2020, https://dergipark.org.tr/tr/pub/taad/issue/59540/874336, (Accessed: 23.11.2023).
[2] ZENGİN, Mücahid / ZENGİN, Güldane / ALTUNBAŞ, Hüseyin; “Sosyal Medya Ve Değişen Mahremiyet “Facebook Mahremiyeti”, pp. 119-120, Gümüşhane University Faculty of Communication Electronic Journal, volume: 3, issue: 2, September 2015, https://dergipark.org.tr/tr/download/article-file/83998, (Accessed: 23.11.2023).
[3] DUYGULU, Serap; “Sosyal Medyada Çocuk Fotoğrafı Paylaşımlarının Mahremiyet İhlali ve Çocuk İstismarı Açısından Değerlendirilmesi”, pp. 440-441, TRT Academy, Volume 04, Issue 08, 2019, Sports Broadcasting, https://dergipark.org.tr/tr/download/article-file/773684, (Accessed: 23.11.2023).
[6] For detailed information see “BBC”, “Oğlunun fotoğraflarını izinsiz sosyal medyada paylaşan anne suçlu bulundu”, (News Date: 8 January 2018), https://www.bbc.com/turkce/haberler-dunya-42604622, (Accessed: 23.11.2023).
[7] For detailed information see “BBC”, “Oğlunun fotoğraflarını izinsiz sosyal medyada paylaşan anne suçlu bulundu”, (News Date: 8 January 2018), https://www.bbc.com/turkce/haberler-dunya-42604622, (E.T. 23.11.2023).
[8] For detailed information see “BBC”, “Çocukların fotoğraflarını sosyal medyada paylaşmak iyi bir fikir mi?”, (News Date: 3 November 2016), https://www.bbc.com/turkce/haberler-37846302, (Accessed: 23.11.2023).
[9] For detailed information see “BBC”, “Oğlunun fotoğraflarını izinsiz sosyal medyada paylaşan anne suçlu bulundu”, (News Date: 8 January 2018), https://www.bbc.com/turkce/haberler-dunya-42604622, (Accessed: 23.11.2023).
[10] DUYGULU, ibid., p. 448; GİRGİN, Ömer Ali/ GÖNAL, Seray; “Çocuğun Kişisel Verilerinin Sosyal Medyada Ebeveyn Tarafından Paylaşılmasının Hukuki Sonuçları”, p.112, Journal of the Turkish Justice Academy, Y: 11, Issue: 44, 2020, https://dergipark.org.tr/tr/pub/taad/issue/59540/874336, (E.T. 23.11.2023).
Turkish
