In the digital age, where every moment of our lives can be captured, shared, and stored indefinitely, the intersection of the right to privacy and the growing phenomenon of sharenting has emerged as a critical topic. "Sharenting" refers to parents sharing information, photos, or videos of their children on social media or digital platforms. While parents often engage in this practice to celebrate milestones, seek advice, or document their children's growth, it raises significant ethical, legal, and societal concerns about children's privacy.

This article explores the complex relationship between the right to privacy and sharenting, examining the implications for children's rights, the responsibilities of parents, and the role of legal frameworks in protecting privacy.

Understanding the Right to Privacy:

The right to privacy is a fundamental human right recognized by international law, including Article 12 of the Universal Declaration of Human Rights and Article 16 of the United Nations Convention on the Rights of the Child (UNCRC). It ensures individuals can protect their personal information, make autonomous decisions about their lives, and shield themselves from unwarranted intrusion. For children, the right to privacy is particularly significant because they are in a vulnerable developmental stage. The UNCRC explicitly acknowledges children's right to privacy, emphasizing that this right must be safeguarded in all settings, including the digital sphere.

However, in the context of sharenting, this right can become complicated. While parents act as custodians of their children's rights, they may inadvertently compromise these rights by sharing sensitive information or images online. The implications of these actions often extend beyond the immediate moment, affecting children's digital footprint, personal safety, and future autonomy.

The Phenomenon of Sharenting:

Sharenting has become a widespread practice, with studies showing that parents frequently post about their children online. These posts can range from light-hearted moments, such as a toddler's first steps, to more personal or sensitive events, such as medical updates or disciplinary incidents. While sharenting is often motivated by love, pride, or the desire to connect with others, it can inadvertently expose children to several risks, including:

• Data Exploitation: Photos and personal information shared online can be harvested by third parties for commercial or malicious purposes. This includes companies using data for targeted advertising or hackers engaging in identity theft.
   
• Cyberbullying: Once content is shared online, parents lose control over how it is used or interpreted. Photos of children can be misused or become the subject of online ridicule.
   
• Permanent Digital Footprint: The internet never forgets. A child's online presence, created by parents, becomes part of their digital identity, potentially influencing their educational, professional, or personal opportunities in the future.
   
• Consent and Autonomy: Children may grow up to resent the online presence created for them without their consent. This lack of agency over their own identity can affect their sense of autonomy and trust.
   
• Children's Right to Privacy in the Digital Age:
  Children's right to privacy is multifaceted, encompassing protection from physical and emotional harm, safeguarding their personal information, and ensuring they have the autonomy to shape their own digital identity. The UNCRC, in its General Comment No. 25 (2021), highlights the need to protect children's rights in the digital environment, urging states and stakeholders to adopt measures that prevent violations of children's privacy. In the context of sharenting, this means parents must navigate a delicate balance: fostering their children's connection to the digital world while ensuring their rights and safety are not compromised.

Sharing and Parental Responsibility:

Parents play a dual role as caregivers and decision-makers for their children. While they have the right to document and celebrate their family life, they also bear the responsibility of safeguarding their children's rights, including the right to privacy.

Key considerations for parents engaging in sharing include:

1. Informed Sharing: Parents should carefully consider what they share, avoiding sensitive details such as location, medical conditions, or school affiliations that could compromise their child's safety.
2. Consent and Dialogue: As children grow, parents should involve them in decisions about their online presence. This fosters respect for their autonomy and helps them understand the implications of digital sharing.
3. Use of Privacy Settings: Parents can use robust privacy settings on social media platforms to limit who can view their posts. This minimizes the risk of unintended exposure.
4. Mindful Posting: Parents should think about the long-term implications of their posts. Asking questions like, "How will my child feel about this post in the future?" can guide responsible sharing.

Globally, legal frameworks are gradually evolving to address the challenges posed by sharenting.

Some key developments include:

• Regulations like the General Data Protection Regulation (GDPR) in Europe emphasize the need for informed consent before sharing personal data, including children's information. The GDPR also grants children the "right to be forgotten," allowing them to request the deletion of their online data.
• Countries like France have implemented laws that recognize children's right to sue their parents for sharing private information online. Such measures underline the importance of respecting children's privacy.
• Social media platforms are increasingly introducing features to protect minors, such as restricted access to child-related content and enhanced privacy controls.
• The right to privacy is a cornerstone of human dignity and autonomy, and its importance extends to children in the digital age. Sharenting, while often well-intentioned, has the potential to infringe upon this right, posing ethical, safety, and emotional challenges.
• By adopting a thoughtful and rights-based approach to sharenting, parents can celebrate their children's lives while respecting their privacy and autonomy. Legal frameworks, societal norms, and technological advancements must align to ensure that the digital footprints created today do not hinder the opportunities or freedoms of the next generation.

Written By: Dr Farrukh Khan is an Advocate enrolled with Delhi Bar Council and is Partner of Diwan Advocates- a New Delhi based leading Law Firm. He tweets at @farrukh_diwan