Challenges to children's online privacy have emerged as pressing issue as technology and social media continue to evolve. A group of law students from Hanoi Law University, including Nguyễn Kim Phương Trang, Chu Thị Sao Mai, and Nguyễn Hùng Nam, recently published an article aimed at shedding light on the hurdles to safeguarding children's privacy rights online and how Vietnamese law may be improved to address these challenges.
From the legal perspective, the privacy rights of children are intricately connected to broader human rights issues such as justice, freedom, and the inviolability of the individual. Legal recognition of privacy is reflected across various regulations enacted by the state, which enshrine the protection of personal data and privacy as fundamental rights.
Today, children find themselves exposed to the vast and often perilous world of cyberspace, which shifts their social behaviors and experiences. The phenomenon of social media offers opportunities but also presents significant risks, especially to the youth. Vietnamese legislation, particularly the 2016 Child Law, recognizes various rights dedicated to children's development and privacy, actively aligning with international standards on children's rights.
Article 54 of the 2016 Child Law delineates the responsibilities of agencies and organizations to safeguard children's rights online. This includes educating and protecting children from online threats through information dissemination and preemptive actions. Further legal edges are provided by Decree No. 56/2017/ND-CP, which specifies components relevant to children's safety within the digital environment.
Such protective laws are complemented by the nation's Cybersecurity Law of 2018, which also outlines measures for safeguarding children's privacy online. Vietnamese law asserts children's rights to privacy, secure online interactions, and freedom from exploitation. Specialized security forces are tasked with preemptively identifying and mitigating threats posed by the online environment.
Despite this substantial legal framework, challenges persist. The effectiveness of self-protective measures to prevent privacy infringement remains debatable. Existing laws primarily outline responsibilities for institutions but lack comprehensive guidelines for children to proactively safeguard their privacy effectively.
According to the Ministry of Information and Communications, children are using the internet increasingly. A recent survey revealed startling figures: by the end of 2022, 89% of children accessed the internet, with 87% doing so daily and spending between five to seven hours online, primarily on social media.
This extensive online engagement heightens their vulnerability to various digital threats, including harassment, exposure to inappropriate content, and unauthorized sharing of personal information. Alarmingly, privacy breaches are often exacerbated by parental actions. Parents may inadvertently violate their children's privacy rights by posting images and personal information without realizing the potential harm.
Media programs targeting children frequently exploit their personal lives for entertainment, conducting interviews focusing on private affairs or engaging them in situations solely for viewership—actions which compromise their rights and dignity.
Even though Vietnam has made strides toward ensuring children's online privacy through established laws, numerous obstacles remain including the daily realities of abuse and serious psychological impacts stemming from privacy violations.
Safeguarding privacy for children online implies recognition of the shared responsibility not solely among parents or educators but also across society as a whole. Issues surrounding privacy on social media can be dissected: immediate challenges witnessed today and future challenges predicted for children. The safety of children on social platforms needs to be urgently addressed.
Without joint efforts from families, educational institutions, and the responsible public, promises to protect children’s privacy will only remain declarations of intent rather than practices leading to tangible security for young users.
This complex and dynamic issue will require multifaceted collaboration, education, and advocacy to raise awareness of children’s rights, enforcing shared standards for online privacy and protection. By fostering open dialogue and creating supportive environments, society can cultivate safer online experiences for children, allowing them to explore the digital age without the fear of exploitation or invasion of privacy.