The Child’s Best Interests, Parental Responsibility and Parental Responsibilities, Part Two

Parental care measures regarding the use of digital media

According to §§ 1626 paragraph 1, 1631 paragraph 1 BGB, the right and the duty at the same time for parents with custody is provided for in the care, upbringing and supervision of a child. This also includes protection against endangerment and threats from third parties in the digital world. The exercise of parental responsibility must serve the best interests of the child.

The above parental task requires the parents to familiarize themselves with the messenger and social media functions, for example, test social networks themselves. Until a child’s adolescence, parents are allowed to make comprehensive and mutual decisions in favor of the child’s well-being and only allow their children access to digital media that matches the child’s age group. Parents also have a great deal of leeway regarding the length of use and surfing behavior of a young child and are allowed to set limits in order to prevent the negative consequences of excessive screen time on the child’s physical and mental health.

If the child is already able to understand the instructions about the potential dangers and dangers of using social media, parents can enlighten their child and specifically explain the potential consequences of the careless handling of private information in the digital world. They can also be discussed, for example, what specific information the child intends to publish and what image they want to convey about themselves online. The same goes for friends on social media.

Parents must also take into account § 1626 Paragraph 2 BGB, where they must consider the child’s increased ability and need to act independently and responsibly when caring for and bringing up the child. The critical factor here is that parents don’t do that.”above his headDecide. Once again, this corresponds to that child care concept, according to which parents who have custody should take measures only for the psychological and physical development of the child. So, for example, an arbitrary limitation of screen time for young people who use their smartphones (even excessively) would be inappropriate and unenforceable. The older the child, the more important it is to play the child’s will.

Parental control apps for kids and parental control

Moreover, parents may also use technical means, such as parental control apps Controlling the use of social media and children’s access to content potentially harmful to children’s well-being and therefore exercising supervision over them. Technical means such as locators, trackers, and browser history control typically generate reports for parents about usage time and also require parental consent when apps are purchased and downloaded.

On the other hand, this allows parents to stay informed. On the other hand, protecting children from attacks by third parties is Electronic grooming and before
Content that glorifies violence and contains xenophobia.

Sometimes, these software and hardware provide the ability to track a child’s location. With the application, it is possible to specify a geographical area in which the child should stay.

The complete monitoring of chat history, geo-location, and parental control over the child’s browsing behavior should also be their own. border You have and could be a problem in terms of data protection law.

Above all, it is controversial whether the provisions of the GDPR are applicable in such cases. Surveillance and the exercise of control by parents are allegedly covered by the so-called family exception of Article 2(2) lit. The scope of the provisions of the General Data Protection Regulation (GDPR).

Even if this is emphasized, you have Children have the right to protection and respect Their privacy and familiarity (What’s called. public personal rights, Article 2, paragraph 1 combined with Article 1, paragraph 1 (GG). Therefore, parents have this evaluation of the Statute also with exercise of parental authority.

Assuming that the provisions of the GDPR are nonetheless applicable, the problem of the effectiveness of child consent arises. Consent, voluntary and informed, is a central tool of data protection law.

In accordance with Article 6 paragraph 1 paragraph 1, letter a) GDPR, the processing of personal data is legal only if the data subject, among other things, consents to the processing.

One effective consent It is assumed that the data subject Voluntarily, of your own free will and in more informed road indicates that it consents to the processing of its data, Article 7 of the General Data Protection Regulation (GDPR). However, giving consent to a child is lawful if he has already attained the age of 16. If the child concerned has not yet attained the age of 16, he is not yet capable of foresight and, therefore, is not able to give consent as per Article 8(1) sentence 1 of the General Data Protection Regulation. Therefore, parental consent will be required. However, regulations on representation are often applied here, i.e. parents cannot effectively represent their children if they have to give their consent for themselves. Due to a conflict of interest, the child’s lack of consent cannot be substituted for the consent of the parents who have custody.

The use of social media poses significant risks to the well-being and personality development of children and young people. However, the avoidance of these dangers and dangers will be possible only with complete observation, which also hardly corresponds to the goal of the development of the child into a responsible person.

So only one low limit watching through parents In the an agreement With the child, which relate to the use of certain applications or offers on the Internet or to control the scope of communication.

Comprehensive monitoring of the child’s use behavior and control of the content of communication against the child’s will is only permitted if there are concrete indications that the child’s well-being is at risk (eg sleep disturbances, social withdrawal in relation to the use of social media, etc.).

General exclusion from participation in relevant networks – especially the elderly – would be taken into account integral Effect It is unsuitable for this form of participation in social life and difficult to implement.

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