Nuove tecnologie e protezione del minore nel diritto privato spagnolo
-
1
Universidad de Salamanca
info
ISSN: 1720-4542
Year of publication: 2020
Volume: 2020
Issue: 4
Pages: 1213-1257
Type: Article
More publications in: Europa e diritto privato
Abstract
After a brief introduction on the impact of new technologies on the discipline of personal dataprotection, the essay specifically investigates the issue of the use of those technologies by thechild. The debate on the identification of the criterion for recognizing the autonomy of the childin the provision of consent to the processing of personal data is therefore analysed. The newtechnologies provide the background, then, to examine the dialectic between the protection ofthe free development of the child’s personality and the institution of parental responsibility. This examination is carried out from a general perspective and, subsequently, from a specificone concerning three issues analyzed by Spanish jurisprudence: i) the installation of parentalcontrol applications; ii) access by parents to the child’s social network site without the latter’sconsent; iii) Control of the child’s Whatsapp account