TITLE:
Legal Regulation on the Commercial Use of Children’s Personal Information in “Sharenting”
AUTHORS:
Yuhang Ye
KEYWORDS:
Sharenting, Commercial Utilization of Personality Right, The Guardian, Personal Information of Children
JOURNAL NAME:
Open Access Library Journal,
Vol.9 No.8,
August
23,
2022
ABSTRACT: In recent years, the phenomenon of commercialized use of children’s personal information in “sharenting” shows a rapid growth and industrialization trend. However, due to the limitation of children’s civil capacity, as well as the particularity of children’s body and mind, there will be conflicts of interest between guardians and children in the commercial use of their personal information, and even the infringement phenomenon of guardians, which is aggravated by the absence of relevant policies and regulations and the divergence of opinions in academic circles. Starting from practice, this paper analyzes the commercialization of children’s personal information in “sharenting”, and sorts out the subject, object, content, way of use and particularity of commercial utilization. The paper probes into the regulation path of commercial “sharenting” from multiple angles: for children, the right of participation is guaranteed hierarchically; for guardians, clarify guardianship responsibilities; for third-party service platforms, we should give full play to their role of external supervision. In judicial relief, for the disputes between children and guardians, the third party should be introduced as the children’s litigation agent, and the children’s right of personality and the right of damage compensation should be effectively guaranteed.