Does a Child Have Rights to Privacy?

We proudly take pictures of our children, sharing their photos and videos on social media platforms like WhatsApp, Facebook, Instagram, and TikTok. However, some parents may go further, posting pictures of sensitive documents, like birth certificates or ID cards, without fully considering the potential risks.

Schools, too, often share children’s photos on their websites or social media pages, creating a lasting digital record. All of this contributes to the child’s digital footprint—a trail of information that remains on the internet indefinitely. It’s almost like publishing their details on the front page of an international newspaper, accessible to the entire world.

Before diving into the critical issue of “sharenting,” it’s essential to understand the rights children have to privacy. Once a photo or document is posted online and viewed by third parties, it’s considered “published” in the eyes of the law. This means it’s no longer private property, and the control over that information can quickly slip out of the parent’s hands.

Parental Responsibility in Managing Children’s Privacy

As parents, we are responsible for managing our children’s right to privacy. Each post or shared image adds to their digital footprint, shaping how their personal information exists online. This responsibility calls for careful consideration of how we can protect their privacy and make choices in their best interest.

Children’s Right to Privacy in South Africa

In South Africa, children’s privacy is protected under Section 14 of the Constitution, which guarantees all citizens, including children, the right to privacy. This right protects personal information, correspondence, and bodily integrity. For children, it extends to safeguarding them from undue intrusion or exposure.

The Protection of Personal Information Act (POPIA), enacted in 2021, further protects children’s privacy by classifying their information as “special personal information.” This designation requires specific parental consent for collecting, processing or storing a child’s data. POPIA obligates institutions, including schools and businesses, to handle children’s data responsibly.

For instance, school photos published on websites or social media must be shared with parental consent. As we’ll explore further this month, the risks surrounding children’s full-faced portraits online are significant, and schools and organisations have a duty to handle this data with care.

International Guidelines: The UN Convention on the Rights of the Child

South Africa is also a signatory to the United Nations Convention on the Rights of the Child (UNCRC), which recognises the right to privacy for children. This convention shapes local policies, reinforcing the importance of safeguarding children’s personal data, family life, and freedom from arbitrary interference.

In today’s world, protecting children’s privacy online is a growing priority. Although POPIA provides foundational guidelines, efforts continue to create safer online spaces, which include limiting the collection of children’s data by social media platforms without parental consent and educating young people on digital safety.

Parents’ Role in Protecting Children’s Digital Privacy

When you post pictures or personal data of your child online, you’re essentially giving consent on their behalf. This is why it’s essential to be aware of the potential risks and consider the long-term impact of your choices. By understanding your child’s right to privacy, you can make informed decisions about sharing their photos and information in a way that respects their future autonomy.

The right to privacy for children in South Africa is evolving, especially as digital environments continue to change. Legal frameworks like POPIA, along with constitutional protections and international guidelines, form a strong foundation for safeguarding children’s privacy. As parents, it’s crucial to approach this responsibility with care and to stay informed about the choices we make on behalf of our children.