Aotearoa's Child Privacy Laws Must Be Improved
Aotearoa New Zealand has a long way to go in enhancing its laws to protect child privacy rights in the age of sharenting, says privacy law expert Nikki Chamberlain.
As parents and caregivers pepper social media with photos of their children's milestones and day-to-day activities, University of Auckland academic Nikki Chamberlain says we need improved laws and heightened awareness to ensure we're doing what's best for our young people.
"Privacy law protections are not keeping up with advancements in technology," says Chamberlain. "As a result, a child is particularly vulnerable in the social media space."
The privacy law expert says New Zealand has a long way to go in enhancing its laws to protect child privacy rights in the age of sharenting and says any reform needs to prioritise the child's needs.
In researching the subject, Chamberlain examined common law sources and legislation, designed, but unable to satisfactorily protect children's privacy, including New Zealand's Privacy Act 2020, the Care of Children Act 2004 and the Broadcasting Standards Act 1989.
Chamberlain says that with child privacy protections coming from a number of different statutory and common law sources, the country is left with a disjointed legal landscape for protecting child privacy.
In terms of improving the current landscape to better respect child privacy in Aotearoa, she says legislation could be enacted to clarify and strengthen the protection of child privacy rights on social media by prohibiting commercial entities and parents from exploiting children on social media.