The article asserts the role of the Internet in human communication but also raises concerns about the privacy of children's personal information. By addressing the current situation of privacy violations against children on social media in Vietnam, the article highlights the necessity of having a legal framework to regulate this issue in order to ensure a safe environment for children. Subsequently, it introduces relevant regulations in the Vietnamese legal system and proposes solutions to enhance the effectiveness of protecting children in the online environment.
The emergence of the Internet has had a significant and positive impact on people's lives in many ways. One of the most significant benefits of the Internet is the ease and convenience it provides for communication and access to information. With the Internet, people can easily connect with others around the world, regardless of geographical boundaries or time zones.
The advent of the Internet has ushered in the proliferation of social networks. Since their introduction, social network sites such as Myspace, Face-book, Cyworld, and Bebo have attracted millions of users, many of whom have integrated these sites into their daily practices[1]. People around the world, including those in Vietnam, utilize social media platforms to portray their personal image, narrative, and description.
By means of such sharing, a plethora of personal information pertaining to social media users is extensively and openly manifested on social networking sites. Importantly, these personal details are not solely divulged by the account owners themselves but can also be disseminated by others. For instance, parents may publish posts, images, and videos featuring their children, or friends may save and subsequently share the owner's visuals and videos sourced from social media on various other social networking platforms.
Consequently, social media has evolved into a repository exploited by lurking predators for the extraction and utilization of personal information for diverse purposes. For instance, this encompasses the sale of such data to corporations for targeted advertising or the perpetration of illicit activities, including harassment, enticement, and manipulation, in order to coerce
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victims into engaging in acts that yield undue benefits for the predators.
This situation necessitates that authorities take action to safeguard the privacy of individuals on social networks, particularly children, because they are more vulnerable to privacy violations than adults and they may not fully comprehend the implications of sharing personal information online. Moreover, children tend to trust strangers online, which can render them more susceptible to scams or become victims of other forms of online exploitation.
The protection of human rights in general and the rights of children in particular is one of the significant objectives pursued by Vietnam. Therefore, given the urgent need to safeguard the privacy rights of children on social media, the Vietnamese government has also established relevant regulations. This study aims to introduce the regulations within the legal framework of Vietnam concerning the protection of children's privacy rights on social media platforms.
To effectively accomplish the stated objectives, this article poses the following research inquiries: a, The initial identification of regulations pertaining to children's privacy rights and children's privacy rights on social media within Vietnamese legal texts, as well as their subsequent development. b, The explication of how Vietnamese legislation elucidates the concept of children's privacy rights and children's privacy rights on social media. c, An examination of the present landscape concerning violations of children's privacy rights on social media in Vietnam.
d, An exploration of the governmental measures employed in Vietnam to safeguard children's privacy rights on social media through legal frameworks.
e, What are solutions to enhance the effectiveness of protecting children's online privacy?
The article deviates from addressing the aforementioned questions in sequential order. Instead, it will be structured in a manner that first presents the state of children's privacy rights violations on social media in Vietnam (c). Subsequently, it will explore useful solutions to address this situation within Vietnamese legislation (a, b, d), and finally propose measures to enhance the effectiveness of enforcing regulations safeguarding children's privacy rights on social media in Vietnam (e).
In this section, the author will attempt to clarify the entities that infringe upon children's privacy rights on social media and the common forms of infringement they engage in.
It would be surprising to think that the primary entities capable of infringing upon the privacy rights of children on social media are their own parents. However, this is an undeniable truth. Although parents typically have the responsibility to care for and protect their children, in some cases, they may unintentionally or intentionally violate their children's privacy rights on social
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media. The subsequent entities that can be mentioned include other users on social media who can unlawfully access and utilize children's personal information, such as obtaining their address, age, or family status. Advertising organizations and companies can also collect children's personal data through monitoring and analyzing their online behavior on social media for the purpose of targeting and marketing to young individuals. Lastly, it could be malevolent individuals who create fake accounts, engage in deception, or exploit children through fraud, online abduction, or harassment.
It cannot be denied that parents are the ones who protect their children from online risks. For example, Most parents reasonably expect schools community organizations, and peer groups to obtain permission before sharing their children's picture online[2]. Similarly, if a company negligently or purposefully discloses a child's personal information in a public arena, parents call on the harm to be remedied.[3] Parents also play a supervisory role in their child's Internet use, often by setting limits on their child's access to the Internet and by discussing online safety threats such as cyber-bullying and sexting.[4] Indeed, parents are seemingly the natural protector of their child's digital identity.
However, parents are not always protectors; their disclosures online may harm their children, whether intentionally or not.[5] A parent's own decision to share a child's personal information online is a potential source of harm that has gone largely unaddressed.[6] Children not only have interests in protecting negative information about themselves on their parent's newsfeed, but also may not agree with a parent's decision to share any personal information-negative or positive-about them in the online world.[7] There is no "opt-out" link for children and split-second decisions made by their parents will result in indelible digital footprints.[8]
Certain behaviors that can be considered as violations of children's privacy rights by their parents can be outlined as follows:
Firstly, sharing humorous images of their children. The funnier or more outrageous the expression of a child, the more likely a parent is to post it on the Internet.[9] For example, during the outbreak of the Covid-19 pandemic in Vietnam in 2021, many children had to engage in online learning from home. Consequently, on the first day of school, numerous parents shared humorous images of their children participating in the opening ceremony through computer screens. Furthermore, some online news outlets utilized these images to create articles.[10] This effectively deprives children of retaining privacy of expression until they reach an age where they can exercise their judgment as to what they should post online and what they will not[11].
Secondly, the parents took the initiative to disclose their child's behaviors that should ideally remain private: tantrums, arguments with parents, and other inappropriate actions. As
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a consequence, these behaviors were exposed to the scrutiny and gossip of hundreds of thousands of people. Regrettably, this resulted in the child potentially experiencing significant psychological harm when confronted with criticism, humiliation, and judgment. As they grow older, the child will inevitably have to confront the undesirable images of themselves in a distressing and unwelcome manner.[12] Because information shared on the Internet has the potential to exist long after the value of the disclosure remains, and therefore disclosures made during childhood have the potential to last a lifetime.[13] For instance, on March 13, 2022, the wife of a famous comedian in Vietnam posted a status expressing her anger when she discovered that her son had joined a private online chat group discussing sexual topics. However, as her social media post received various conflicting opinions, some agreed with her approach as it was seen as sharing her personal experience in parenting, while others disagreed, arguing that she had violated her child's privacy.[14]
Thirdly, sharing detailed images, information about their child's school, and documents. Moreover, in recent times, there have been cases in Vietnam where parents received phone calls informing them that their child had been involved in an accident and was in need of emergency medical treatment, accompanied by requests for monetary transfers. It was later discovered that these were fraudulent schemes, and the investigative authorities traced the origins of such incidents to parents who had carelessly shared their child's photos, personal information, and even disclosed their child's location on social media platforms.[15]
Drawing upon the aforementioned analyses, it becomes apparent that parents have employed technology and social media not solely for sharing information pertaining to their own lives, but also for deliberating upon the lives of their offspring. When parents use social media in this way, they often share personal information about their children.[16] These disclosures offer families the opportunity to connect with their communities-to share and to seek support.[17] At the same time, parents sometimes share without the permission of their children, and these disclosures may foreclose their children from the opportunity to create their own digital footprints.
While it is uncomfortable to point the finger at parents as compromising their children's rights, it is time to consider how we might protect children's privacy from even loving parents because even the most well-intentioned parent may be unknowingly compromising the autonomy of their child.[18]
In this section, the author endeavors to elucidate the following two inquiries: firstly, "how do other entities gather, retain, and disseminate personal information of children?" and secondly, "what are the potential adverse effects on children resulting from the collection, retention, and dissemination of their personal information?"
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It is evident that apart from the collection of information from parents' social media accounts, children themselves constitute a distinct group that directly reveals their personal information. This circumstance has provided a convenient opportunity for malicious individuals with ill intentions to exploit the disclosed information of children.
In their study, Donath and Boyd identified the potential reason behind this as "signaling,"[19] which refers to providing selective information to present oneself in a positive light or to be seen in a certain way.[20] Specifically, when children use social media to convey a desired message or image to other users, they have the ability to share information about their interests, events they participate in, and things they like and care about. For example, in the case of Myspace, Facebook and Instagram, users may, for instance, post photographs of themselves at certain events, or disclose what type of music or movies they like in order to create a particular individual online image. As George conveyed "It's an opportunity to present yourself in a way you want others to see you."[21]
One issue that arises is, as the personal information including images, private lives, and academic accomplishments of children is openly shared by both parents and the children themselves on their respective social media accounts. Consequently, these pieces of information become readily accessible to all users of the social media platform without any limitations.
Nevertheless, in cases where children and their parents confine their information sharing to a restricted audience, such as their friends within their friend list, can we assume that the aforementioned information will remain confidential, thereby enhancing the protection of children's privacy rights?
According to A. McPeak's research, they concluded the following regarding this matter: "Some parents are lulled into a false sense of security that the data they share about their children will not be seen beyond a select audience. Some parents choose to post pictures and data about their children on websites and social media sites such as Facebook, which offer the user the ability to choose the audience for each disclosure.[22] Many parents believe this provides them with a safety net, and they use little discretion sharing with their chosen audience.[23] In reality, even these posts can reach a large audience, as the intended audience has the ability to save and repost the data in alternate forums."[24]
In addition, through the increased use of chat rooms, discussion boards, and promises of gifts, marketers had the ability to readily gather personal identifying information about children. This personal information was often organized into databases, which in turn, were sold to third parties.[25]
While the infringement upon children's privacy by parents or guardians is often not motivated by malicious intentions and may be limited to oversharing, the violation of children's privacy by other entities can pose a much greater level of danger and complexity.
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The following are some negative consequences that can be identified when children's personal information is disclosed on social media:
Firstly, the private information of children will be unlawfully shared. For example, images and videos of children, once collected by other entities, may be shared on different social media platforms without the consent of the children or their parents. Although this sharing may not have malicious intent and serious consequences may not have yet arisen, it still violates the privacy rights of children. However, this also carries the potential to give rise to other serious ramifications.
Secondly, children can fall victim to identity theft. When personal information of children such as their full name, address, date of birth, school, and family circumstances are exposed, their identities can be stolen and used for fraudulent purposes. For instance, Nguyen Van A (14 years old) had a traffic accident while going to school. In order to facilitate the search for A's relatives, information about A's full name, school, and images of A at the accident scene were publicly disclosed on the personal page of a man named Lam Hung T, who had taken A to the hospital. Some individuals with malicious intent exploited this information to solicit donations for A, but their true intention was to engage in fraud.
The third reason is that children may experience online harassment and bullying. These are two common forms of harassment that occur in the digital space, especially in the current era where children are increasingly becoming targets of online bullies due to their limited understanding of risks and their limited self-protective skills. Once these individuals obtain personal information about the children, they proceed to send messages to threaten and manipulate them, causing distress and fear. Numerous serious consequences have resulted from such behaviors.[26]
Fourth, exploitation and grooming of children. In contrast to the fear and intimidation caused by online harassment and bullying, these two behaviors often begin with actions that create positive feelings towards children, such as showing empathy, building trust through chat messages, giving gifts, or offering praise to attract the child's affection. Subsequently, the perpetrator gradually manipulates the child by making requests such as sending explicit photos or videos, and in more extreme cases, engaging in sexual acts with the child.
Fifthly, there are long-term consequences. When personal information is shared on social media by both parents and children themselves, it accurately reflects the thoughts and desires of children at the time of sharing, whether it is their intention to connect with friends online or with the consent of their parents. However, as time goes by and children grow older, they may no longer remember the posts they made on social media[27], whereas potential predators or malicious individuals still have access to that information. For example, in Vietnam, when the winners of Miss Vietnam have their past social media posts exposed by the media, it
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can have a negative impact on their reputation and credibility.
The protection of children's right to privacy has been gradually established and developed in the Vietnamese legal system over the years.
Vietnam's first Constitution, which was adopted by the Democratic Republic of Vietnam in 1946[28], did not explicitly acknowledge the right to privacy of individuals or children. At the time, the concept of privacy as a fundamental right was not yet widely recognized in international human rights law or in Vietnamese law. Instead, the focus of the 1946 Constitution was on ensuring social and economic equality and promoting the interests of the people as a whole. It was not until the adoption of subsequent constitutions, such as the 1992 and 2013 Constitutions of Vietnam, that the protection of individual rights, including the right to privacy, began to be explicitly recognized and emphasized.
The 1992 Constitution of Vietnam[29] was the first to recognize the importance of protecting the rights of children. It included provisions on the protection of the rights of children, such as the right to education, healthcare, and social security. However, the constitution did not specifically mention the right to privacy of children. Instead, Article 20 contains a provision for protecting the privacy of individuals.
At the time of its adoption, the 1992 Constitution was a significant departure from the previous constitution, which had focused primarily on promoting socialist ideals and the interests of the state. The 1992 Constitution, on the other hand, emphasized the importance of protecting individual rights, including the rights of children.
The reason for this is that the adoption of the 1992 Constitution coincided with an era of increasing global awareness about the significance of safeguarding children's rights. In 1989, the United Nations Convention on the Rights of the Child was adopted, and Vietnam ratified it in 1990. This Convention provides a comprehensive framework for protecting the rights of children.
Building upon the provisions regarding the right to privacy of individuals in the 1992 Constitution, the 1995 Vietnamese Civil Code was the first document in the realm of private law to outline detailed provisions related to this issue. It included provisions on the protection of privacy, such as the right to protection of personal secrets, honor, and dignity. The protection of personal information and privacy, including that of children, was further reinforced by the 2005 Civil Code.[30] Article 38 of this code acknowledges the right to personal secrecy and prohibits the collection, usage, and disclosure of personal secrets without the individual's consent.
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In 2013, Vietnam issued a new constitution[31], which clearly acknowledges the rights of children, including the right to a private life.
In the Civil Code that was newly enacted two years later, Vietnamese lawmakers recognized the right to privacy and personal secrecy and put in place detailed regulations for the collection, use, and sharing of personal information, which includes information related to children, in Article 38. However, the provisions of Article 38 of the 2015 Civil Code[32] are only framework provisions, primarily of principle.
The protection of children's privacy has been increasingly emphasized through the provisions of the 2016 Law on Children[33], particularly with the issuance of Government Decree 56 guiding its implementation. This document provides detailed explanations about the concept of children's privacy, as well as the responsibilities of relevant parties in ensuring the privacy of children, both in general and on social networks in particular.
In summary, the process of formation and development of regulations related to protecting the privacy rights of children in Vietnam is an ongoing process that has been carried out through various stages and reflects changes in society, legal thinking, and politics.
Throughout the course of this development, relevant policies and laws have undergone changes, supplements, and continuous improvements, starting from regulations on safeguarding the privacy rights of children in general to extending these protections to social media platforms. This exhibits the law's flexibility and responsiveness to the evolving demands and aspirations of society, thus playing a critical role in ensuring that children's rights are maximally safeguarded. Consequently, it fosters a stable legal framework that bolsters the children's holistic development.
Children are a group of individuals who belong to the vulnerable in society, thus protecting and caring for their holistic development is essential. However, the issue of violating the rights of children has never truly ceased, and even in recent years, as society has rapidly developed in science and technology, the violation of children's rights has increased, notably in the area of privacy.
The violation of children's right to privacy not only has serious impacts on their psychology, emotions, and development, but also threatens their safety.
Therefore, the Vietnamese government has taken many positive measures in legislative work to protect the privacy rights of children. In 2016, when promulgating the Law on Children, Vietnam recognized the right to privacy of children in Article, which states as follows: "1. Children have the imprescriptible right to privacy and keep personal and family secrets, all are for the best interests of children. 2. Children have their honor, dignity, personal prestige, mail, telephone and telegram security and other personal information exchange types protected by the law. They are protected from
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and may resist illegal interventions against personal information."
Some observations that can be drawn from the law are as follows:
Firstly, the article highlights the importance of ensuring the rights and interests of children in their personal and family life, by explicitly stating that "Children have the right to inviolability of privacy, personal secrecy and family secrecy for the best interests of the children." Indeed, the right to privacy, personal secrecy, and family confidentiality of children is one of their fundamental and essential rights. Therefore, recognizing and protecting this right for children is an important part of safeguarding them against abuse, exploitation, and violence. It also contributes to increasing awareness and responsibility among individuals, organizations, and society in protecting children, creating a safe and healthy environment for their development.
Secondly, there exists an unexplained law regarding the concepts of "personal life, personal secrets, and family secrets" or the concept of the right to privacy." It can be argued that this is not an isolated situation within the legal system of Vietnam. This is because when studying privacy rights as stipulated in Article 8[34] of the European Convention on Human Rights[35], a similar situation may also be encountered. However, as the Convention is enforced by the European Court of Human Rights[36], this right has been partially clarified through the Court's interpretation and application of the Convention. However, as the Convention is enforced by the European Court of Human Rights, this right has been partially clarified through the Court's interpretation and application of the Convention. Nevertheless, the Court has consistently declined to provide further definition of the concept, after acknowledging that it extends beyond the "right to privacy, the right to live, as far as one wishes, protected from publicity."[37]
Thirdly, the protection of the dignity, reputation, and honor of children is jointly regulated by Vietnamese lawmakers with the protection of the confidentiality of letters, telephones, telegraphs, and other forms of private communication. This can be explained based on the interrelationship between protecting the honor, dignity, and reputation of children and the confidentiality of private communications, including letters, phone calls, electronic messages, and other forms of private information exchange. Specifically, protecting the confidentiality of private communications is also a part of safeguarding the privacy of children's personal information. If this information is disclosed or used for inappropriate purposes, it can have serious consequences for the honor, dignity, and reputation of children.
Fourthly, the law stipulates that children are protected and can resist illegal interference with their privacy information. In other words, the law establishes the obligation to prevent unlawful interference with the private lives of children for all entities in society, ranging from individuals and organizations to government authorities, regarding their private personal infor-
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mation. Thus, based on the aforementioned analysis, it can be observed that the legislation approaches the right to privacy in two steps. Firstly, it enumerates the aspects of children's private lives, which include personal confidentiality, family privacy, secrecy of correspondence, telephony, telecommunications, and other private information. Secondly, it acknowledges the legal obligation of relevant entities not to unlawfully interfere with these aspects.
In summary, although not yet fully comprehensive and perfect, the regulations on the privacy rights of children have demonstrated progress in the thinking of Vietnamese legislators. This is because this law specifically recognizes children as the subject of this right, rather than individuals in general as stipulated in the 2015 Civil Code on privacy and personal secrecy. In addition, the law also demonstrates the compatibility of Vietnamese law with international law in protecting the rights of children. This creates a strong and rigorous legal environment for the safe and healthy development of children's lives.
With the aim of improving legal regulations, on July 1, 2017, the Vietnamese government issued Decree No. 56/2017/ND-CP[38] to guide functional agencies, organizations, individuals, and families on many issues related to protecting children's rights. Specifically, Article 33 of this document clarifies the information recognized as private life secrets and personal secrets of children, including: name, age, personal identification characteristics, information about health and private life recorded in medical records, personal images, information about family members and caregivers, personal property, phone number, personal mailing address, information about residence, hometown, address, information about school, class, academic results, and relationships of children's friends, and information about services provided to individual children.
Thus, it can be observed that in comparison to international law, the concept of children's privacy rights on social media in Vietnam exhibits considerable similarities. This indicates that Vietnam is striving to establish a legal framework to protect the rights of children in line with the global trend, while also demonstrating a diligent commitment to implementing the international agreements that Vietnam has signed.
In Vietnam, administrative sanctions are measures prescribed by administrative law that are applied to individuals and organizations who commit acts in violation of the law but do not constitute criminal offenses or warrant criminal liability.[39]
According to Article 66, Clause 3 of Decree 174/2013/ND-CP[40], it stipulates that: "A fine ranging from 10,000,000 VND to 20,000,000 VND shall be im-
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posed for one of the following acts: Providing, exchanging, transmitting, storing, or using digital information for the purpose of threatening, harassing, distorting, slandering, or offending the reputation, dignity, or honor of organizations, or the reputation, dignity, or honor of others."
This regulation demonstrates the imposition of monetary penalties on individuals and organizations engaged in activities such as "providing," "exchanging," "transmitting," "retaining," or "using" personal digital information. In this context, personal digital information is defined in Article 3, Clause 11 of Decree 71/2007/ND-CP[41] as "digital content products including data, texts, images, audio expressed in digital information form, stored and disseminated on the network environment." Digital content products can take the form of articles, e- books, videos, podcasts, music files, images, or social media posts. These products are created by individuals and subsequently shared on social media platforms.
If other individuals or organizations engage in the actions listed in the aforementioned provisions, such as "providing," "exchanging," "transmitting," "retaining," or "using," they are not yet subject to penalties as stipulated in Decree 174/2013/ND-CP. This is because the penalty provisions require these actions to have one of the following purposes: "threatening, harassing, distorting, fabricating, or insulting the reputation, dignity, integrity, or credibility of organizations or individuals."
Furthermore, it should be noted that the provisions regarding administrative penalties mentioned above are not specifically applicable to individual subjects who are children, but rather apply to any individual in society whose digital products are subject to actions by other individuals or organizations that aim to insult dignity, reputation, fabricate information, or make threats.
Thus, the application of the provisions stated in Article 3, Clause 66 of Decree 174/2013/ND-CP to protect the privacy rights of children on social media will be implemented as follows: when one or more individuals or organizations store, use, transmit, provide, or exchange digital products of children shared by their parents or the children themselves on social media platforms with the purpose of threatening or harassing children, enticing or seducing children, or insulting the dignity and reputation of children, the parents or legal guardians of the children may request the competent authority to impose fines on those individuals or organizations, with the penalty ranging from 10,000,000 VND to 20,000,000 VND[42].
Overall, this regulation has contributed to creating a safe environment for children and ensuring their privacy rights on social media, as it has been implemented fairly effectively in Vietnam. However, it can be observed that this regulation does not specifically address the use of personal information of others for fraudulent purposes or asset misappropriation. This can be viewed from both negative and positive perspectives. From a negative standpoint, it can be argued that this is a limita-
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tion of administrative law in Vietnam. However, from a positive perspective, it can be argued that due to the highly dangerous nature of the mentioned purposes, the legislators in Vietnam have opted for criminal sanctions instead of administrative penalties. Further analysis regarding criminal sanctions will help clarify this assertion.
In contrast to the administrative law's approach of addressing privacy infringements on social media through a general legal framework for related behaviors, criminal law focuses on the subject whose privacy is violated when engaging in the unlawful use or disclosure of personal information. Specifically, if an individual engages in the acts of using, disclosing, or exchanging someone else's personal digital information to:
Defame the honor and dignity of the victim shall be prosecuted under Article 155(2) of the Criminal Code of 2015[43], with the offense of "Defamation of Another Person," carrying a penalty of imprisonment for up to 3 years.
Engage in the act of fabricating or disseminating false information shall be subject to prosecution under Article 156 of the Criminal Code of 2015, with the charge of "False Accusation." The penalty of imprisonment ranging from 1 to 3 years shall be imposed for this offense.
Force the victim to engage in sexual intercourse or sexual acts shall be prosecuted under Article 143 of the Criminal Code of 2015, with the offense of "Rape." The punishment applicable to this offense is imprisonment from 5 to 10 years. If the victim commits suicide, the punishment can be increased to up to 18 years of imprisonment. In the case of victims aged 13 to under 16 years old, they shall be pursued under Article 144 of the Criminal Code. The maximum penalty for this offense may be life imprisonment.
Coerce, entice, or compel individuals under 16 years old to engage in pornographic performances shall be prosecuted under Article 147 of the Criminal Code. The punishment of imprisonment from 3 to 7 years shall be applicable to this offense.
Furthermore, Article 159 of the 2015 Criminal Code stipulates the offense of "Infringement of secrecy or safety of postal, telecommunication, telegraph, fax, or other forms of private information exchange of others." According to this provision, individuals who engage in the following acts: "a) Appropriating postal letters, telegrams, telex, faxes, or other documents of others transmitted via postal or telecommunication networks in any form; b) Intentionally damaging, losing, or unlawfully obtaining information or contents of postal letters, telegrams, telex, faxes, or other documents of others transmitted via postal or telecommunication networks; c) Illegally eavesdropping or recording conversations; d) Conducting unauthorized searches and seizures of postal letters or telegrams" shall be subject to fines or non-custodial reform for a maximum period of 3 years.
Thus, it can be observed that Vietnamese criminal law plays a crucial
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role in safeguarding the privacy rights of children on social media by establishing a relatively comprehensive legal framework for addressing infringements. Additionally, the imposition of severe sanctions such as life imprisonment serves as a deterrent for offenders. This partly demonstrates the firmness and determination of Vietnamese legislators in protecting children. However, to enhance the effectiveness of these efforts, monitoring and enforcement of the aforementioned regulations need to be strengthened, while synchronized supportive measures from relevant parties are also necessary.
Ensuring the privacy rights of children should be undertaken in a synchronized manner, encompassing legal regulations, as well as activities within families and communities.
In safeguarding the online privacy rights of children, the legal framework plays a crucial role in defining privacy as a fundamental right of children, providing rules on protection measures, and outlining penalties for violations. To enhance the effectiveness of protecting children's privacy rights, certain legal solutions need to be implemented in both aspects, namely enacting legislation and enforcing it.
The relevant authorities should regularly conduct inspections, reviews, and assessments to evaluate the effectiveness of the enacted regulations, enabling the continued development of detailed provisions or implementation guidelines. For instance, in the past, the Vietnamese Law on Children in 2016 only identified the rights to respect and protection of children's privacy. However, in 2017, the Government issued Decree 56/2017/ND-CP to provide detailed guidance on the content of the concept "confidential information of children's private life and personal secrets." This can be considered a commendable advancement, demonstrating the state's concern for children's online privacy rights.
Furthermore, this Decree also includes provisions on the responsibilities of relevant parties in exchanging and providing information related to children on the online environment (Article 35) and measures to protect children's privacy rights in the online environment (Article 36). However, sanctions for violations of these provisions have not been mentioned. Therefore, the legislative process needs to continue in order to further enhance the effectiveness of protecting children in the online environment.
It can be observed that the legal framework for protecting the online privacy rights of children in Vietnam has initially established a relatively robust
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mechanism for safeguarding children in the online environment. However, it is essential to ensure the enforcement and strict compliance of these regulations in daily life in order to minimize infringements on children's rights. Therefore, the relevant authorities should:
Promote educational communication regarding legal regulations on the online privacy rights of children to relevant stakeholders such as children, parents, teachers, and social media providers is crucial. The content of these activities may include information on the rights and obligations of the involved parties in respecting and ensuring the safety of children online.
Firm and stringent in dealing with privacy infringements to prevent any criminal activities from escaping scrutiny, while also ensuring fairness and transparency in the handling process to ensure the right person is held accountable for their offense.
Enhance monitoring and inspection activities to timely intervene and address privacy violations targeting children on social media platforms. In practice, the competent authorities in Vietnam have performed reasonably well in this regard. For instance, in 2022, the "Thien Am on the edge of the universe" case attracted significant attention and public concern. However, while the investigative authorities were still in the process of clarifying the situation, certain individuals and organizations spread numerous false and unverified posts on the internet, particularly on social media, concerning children. These contents not only directly impacted the operational activities of the relevant authorities but also intruded upon the private lives of children, causing harm to their well- being and reputation. Consequently, to safeguard the privacy rights of children, on January 11, 2022, the Department of Child Affairs (Ministry of Labor, Invalids, and Social Affairs) issued an official letter requesting the Department of Information Security (Ministry of Information and Communications) to implement protective measures. This action was deemed necessary, timely, and in accordance with legal provisions regarding the protection of children.[44]
The law plays a crucial role in protecting the online privacy rights of children on social media; however, the role of social activities cannot be disregarded. These activities encompass the efforts of families, schools, and nongovernmental organizations. They can provide education, training, guidance, and support to children and parents regarding safe usage of social media, as well as the ability to recognize potential risks and develop coping mechanisms to deal with such behaviors. Therefore, it is essential for families, schools, and social organizations to collaborate in order to create a safe online environment for children. Specifically, they should:
Enhance awareness and education on online safety for children, parents, and teachers. Specifically:
For children: Schools can provide an online safety education program
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within the school setting. The purpose of these activities is to educate children about their privacy rights, how to identify online risks, how to cope with and report suspicious situations. Additionally, children need guidance on how to protect their personal information, set passwords, and avoid sharing personal information with strangers, as well as how to respond appropriately if they encounter online dangers. These activities may include classroom discussions, group activities, expert-led workshops, interactive role-playing scenarios, and the provision of age-appropriate educational materials such as illustrations, photographs, and educational short stories.
For parents and teachers, relevant authorities should collaborate with non- governmental organizations to provide training courses and instructional materials on online safety. These resources should be designed to help parents and teachers understand and support children in their use of social media platforms. By doing so, they can assist parents and teachers in recognizing online risks, managing children's internet usage time, and establishing access restrictions. Additionally, this collaboration can create an additional channel of education from these entities to children, contributing to the overall effectiveness of online child protection efforts.
Furthermore, relevant authorities and non-governmental organizations can collaborate to publish and distribute educational materials and guidelines on online privacy for children. These materials may include illustrations, images, comics, videos, or websites dedicated to providing online safety advice specifically tailored for children, parents, and teachers.
In summary, protecting the online privacy of children requires the coordination of both legal frameworks and community activities. While legal regulations establish clear legal guidelines, social activities provide education and support for children, families, and schools. Only when these two elements work together can we build a safe online environment and effectively safeguard the privacy rights of children.
Under the influence of the Internet, the lives of children have undergone numerous positive transformations, ranging from learning to entertainment and recreation. However, it has also brought about a range of risks for children, one of which is the infringement of their privacy rights. Vietnam, along with countries worldwide, has long recognized this issue. Therefore, policy makers and legislators in Vietnam have taken proactive measures to prevent and address such behaviors through relevant regulations. These regulations encompass recognizing rights, determining responsibilities, and protecting children online through administrative and criminal sanctions. Although these regulations have laid a comprehensive legal foundation for protecting children online, regulatory agencies need to regularly inspect and review them to ensure their feasibility and effective-
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ness in safeguarding children's online privacy rights.
The protection of children and their online privacy rights in recent years has demonstrated the complexity of the issue due to the continuous development of new technologies and the sophistication of high-tech criminals. Therefore, for children to have a safe and stable development environment, to leverage the opportunities offered by the Internet and social networks for learning and growth, it requires relentless efforts from the government, educational institutions, and families. Furthermore, children themselves need to enhance their self-awareness of potential risks, as well as develop self-protective skills and the ability to handle situations in the online environment. ■
NOTES
[1] Boyd, D., & Ellison, N. B:Social networking sites: Definition, history, and scholarship. Journal of Computer- Mediated Communication, 2007, 13(1), pp 210, [https://doi.org/10.1111/j.1083-6101.2007.00393.x], (22/5/2023).
[2] Erika Elmuts: Please stop posting pictures of my child on Facebook, Consious Parents, [http://www.consciousparents.org/stop-posting-pictures-of-my-child-online-please], (22/5/2023).
[3] Boyd, D., & Ellison, N. B:Social networking sites: Definition, history, and scholarship. Journal of Computer- Mediated Communication, 2007, 13(1), pp 210, [https://doi.org/10.1111/j.1083-6101.2007.00393.x], (22/5/2023).
[4] Mary Madden et al.: Parents, Teens, and Online Privacy, Pew Research center, 2012, [http://www.pewinternet.org/2012/11/20/parents-teens-and-online-privacy/], (22/5/2023).
[5] Jenn Supple Bartels: Parents' Growing Pains on Social Media: Modeling Authenticity, Character and... Soc. Media, 2016, 51,pp 63, [http://digitalud.dbq.edu/ojs/character/article/view/5/6], (22/5/2023).
[6] Benjamin Shmueli & Ayelet Blecher-Prigat: Privacy for Children, 42 Columbia Human Rights Law Review, 2011, pp 759.
[7] Benjamin Shmueli & Ayelet Blecher-Prigat: Privacy for Children, 42 Columbia Human Rights Law Review, 2011, pp 759.
[8] Benjamin Shmueli & Ayelet Blecher-Prigat: Privacy for Children, 42 Columbia Human Rights Law Review, 2011, pp 759.
[9] Thanh Thanh: Loat anh hai huoc cua hai con trai Xuan Bac o ngay khai giang online, [https://vietgiaitri.com/loat-anh-hai-huoc-cua-hai-con-trai-xuan-bac-o-ngay-khai-giang-online-20210905i6009297/], (18/5/2023).
[10] Guu: Loat anh hai huoc ngay khai giang, [https://guu.vn/diem-tin/cuoi-te-ghe-voi-loat-anh-hai-huoc-ngay-khai-giang-khong-phai-ai-cung-hao-huc-tuu-truong-5d708e612f01bb1311b47dd4.html]; Thanh Hang: Phu huynh chia se hinh anh hai huoc khi tre du khai giang o nha, [https://zingnews.vn/phu-huynh-chia-se-hinh-anh-hai-huoc-khi-tre-du-khai-giang-o-nha-post1259478.html], (18/5/2023).
[11] Sorensen, Shannon: Protecting Children's Right to Privacy in the Digital Age: Parents as Trustees of Children's Rights. Children's Legal Rights Journal, 2016, vol. 36, no. 3, pp. 156-176.
[12] Ban Thoi su, Dai Truyen hinh Viet Nam: Nguy ca rinh rap tu thói quan khoe con tren mang xa hoi, [https://vtv.vn/van-hoa-giai-tri/nguy-co-rinh-rap-tu-thoi-quen-khoe-con-tren-mang-xa-hoi-20230401114827607.htm], (15/5//2023).
[13] Agnieszka McPeak: Social Media Snooping and Its Ethical Bounds, Arizona State Law Journal, 2014, 46, pp 845-848 ;Agnieszka A. McPeak: The Facebook Digital Footprint: Paving Fair and Consistent Pathways to Civil Discovery of Social Media Data, Wake Forest Law Review, 2013, 48, pp 887-911.
[14] Hang Le: Vg Xuan Bac gay tranh cai khi dap dien thoai cua con khi phát hien con vao nhóm chát 18+, [https://viettimes.vn/vo-xuan-bac-gay-tranh-cai-khi-dap-dien-thoai-cua-con-sau-khi-phat-hien-con-vao-nhom-chat-18-post155254.html], (15/5/2023).
[15] Minh Tue: Cha me can chu dong bao ve con tren moi truong mang, [https://vtc.vn/cuc-tre-em-chinh-cha-me-can-chu-dong-bao-ve-con-tren-moi-truong-mang-ar783649.html, (18/5/2023); VTV Digital: Lo thong tin do khoe con tren mang xa hoi, [https://vtv.vn/xa-hoi/lo-thong-tin-do-khoe-con-tren-mang-xa-hoi-20230317110600644.htm], (15/5/2023).
[16] Steinberg, Stacey B: Sharenting: Children's Privacy in the Age of Social Media, Emory Law Journal, 2017, vol. 66, no. 4, pp. 839-884.
[17] Steinberg, Stacey B: Sharenting: Children's Privacy in the Age of Social Media, Emory Law Journal, 2017, vol. 66, no. 4, pp. 839-884.
[18] Sorensen, Shannon: Protecting Children's Right to Privacy in the Digital Age: Parents as Trustees of Children's Rights. Children's Legal Rights Journal, 2016, vol. 36, no. 3, pp. 156-176.
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[19] Donath, J., & Boyd, D: Public displays of connection. BT Technology Journal, 2004, 22, pp71-82.
[20] Donath, J., & Boyd, D: Public displays of connection. BT Technology Journal, 2004, 22, pp71-82.
[21] George, A Living online: The end of privacy? New Scientist Magazine, 2006, pp 191.
[22] McPeak: The Facebook Digital Footprint: Paving Fair and Consistent Pathways to Civil Discovery of Social Media Data,2013, 48 Wake Forest Law Review, pp 887-911.
[23] McPeak: The Facebook Digital Footprint: Paving Fair and Consistent Pathways to Civil Discovery of Social Media Data,2013, 48 Wake Forest Law Review, pp 887-911.
[24] McPeak: The Facebook Digital Footprint: Paving Fair and Consistent Pathways to Civil Discovery of Social Media Data,2013, 48 Wake Forest Law Review, pp 887-911.
[25] Tianna Gadbaw: Legislative Upadate: Children's Online Protection Act 1998. Children's Legal Rights Journal, 2016, vol 36, no.3, pp.228-234.
[26] My Ha: Tre suy sup, tram cam, tu tu vi bi bat nat qua mang xa hoi, [https://infonet.vietnamnet.vn/tre-suy-up-tram-cam-tu-tu-vi-bi-bat-nat-qua-mang-xa-hoi-558.html], (14/6/2023); Trang Nguyén: Hoc sinh stress, tu tu, cat tay vi bi bat nat truc tuyen, [https://vov.vn/xa-hoi/giao-duc/hoc-sinh-stress-tu-tu-cat-tay-vi-bi-bat-nat-truc-tuyen-859156.vov], (14/6/2023).
[27] Chau Anh: Tan Hoa hau Viet Nam nói gi khi bi "dao bói" quá khu thuong xuyen vang tuc, [https://danviet.vn/an-hoa-hau-viet-nam-noi-gi-khi-bi-dao-boi-qua-khu-thuong-xuyen-vang-tuc-20201121133949184.htm#:~:text=T%C3%A2n%20Hoa%20h%E1%BA%ADu%20Vi%E1%BB%87t%20Nam%202020%20%C4%90%E1%BB%97%20Th%E1%BB%8B,mang%20t%C3%ADnh%20ch%E1%BA%A5t%20vui%20%C4%91%C3%B9a%20v%E1%BB%9Bi%20b%E1%BA%A1n%20b%C3%A8], (14/6/2023).
[28] The Constitution was promulgated by the Vietnamese National Assembly on November 9, 1946, [https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-1946-Viet-Nam-Dan-Chu-Cong-Hoa-36134.aspx], (19/6/2023).
[29] The Constitution was enacted by the Vietnamese National Assembly on April 15, 1992, [https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-1992-cong-hoa-xa-hoi-chu-nghia-Vietnam-38238.aspx], (19/6/2023).
[30] The Civil Code was passed by the Vietnamese National Assembly on June 14, 2005, [https://thuvienphapluat.vn/van-ban/Quyen-dan-su/Bo-luat-Dan-su-2005-33-2005-QH11-2463.aspx], (19/6/2023).
[31] The Constitution was adopted by the Vietnamese National Assembly on November 28, 2013, [https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-nam-2013-215627.aspx], (19/6/2023).
[32] The Civil Code was passed by the Vietnamese National Assembly on November 24, 2015, [https://thuvienphapluat.vn/van-ban/Quyen-dan-su/Boluat-dan-su-2015-296215.aspx], (19/6/2023).
[33] The Law on Children was enacted by the Vietnamese National Assembly on April 5, 2016, [https://thuvienphapluat.vn/van-ban/Giao-duc/Luat-tre-em-2016-303313.aspx], (19/6/2023).
[34] Article 8 of the European Convention on Human Rights stipulates as follow: "1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.", [https://fra.europa.eu/en/law-reference/european-convention-human-rights-article-8-0], (19/6/2023).
[35] The European Convention on Human Rights (ECHR) was ratified by the Council of Europe in 1950 as an international human rights agreement. Its provisions cover a diverse set of civil and political rights and liberties that are safeguarded by law. These include, but are not limited to, the right to life, freedom of expression, freedom of religion, and the right to a fair trial.
[36] The European Court of Human Rights (EctHR) is an international court based in Strasbourg, France, that was established under the European Convention on Human Rights (ECHR). Its primary role is to hear and rule on individual or state applications alleging violations of the civil and political rights and freedoms protected by the ECHR.
[37] X v Iceland (1976) 5 D & R 86 at 87 cited from N.A. Moreham: The Right to Respect for Private Life in the European Convetion on Human Rights: A Re-examination, Victoria University of Wellington Legal Research Papers, 2019, Volume 9 Issue No 3, pp 88.
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[38] Decree No. 56, issued by the Government on May 9, 2017, provides detailed guidance on certain provisions of the Law on Children, [https://thuvienphapluat.vn/van-ban/Van-hoa-Xa-hoi/Nghi-dinh-56-2017-ND-CP-huong-dan-Luat-tre-em-340397.aspx], (19/6/2023).
[39] Minh Khue Law Firm: Che tai hanh chinh la gi?, [https://evbn.org/che-tai-hanh-chinh-la-gi-khai-niem-ve-che-tai-hanh-chinh-1680895412/] (22/03/2023).
[40] Decree No. 174, promulgated by the Government on November 13, 2013, regulates penalties for violations in the fields of postal services, telecommunications, information technology, and radio frequency spectrum, [https://thuvienphapluat.vn/van-ban/Cong-nghe-thong-tin/Nghi-dinh-174-2013-ND-CP-quy-dinh-xu-phat-vi-pham-hanh-chinh-buu-chinh-vien-thong-cong-nghe-thong-tin-213651.aspx], (19/6/2023).
[41] Decree No. 71, issued by the Government on May 3, 2007, https://thuvienphapluat.vn/van-ban/Cong-nghe-thong-tin/Nghi-dmh-71-2007-ND-CP-huong-dan-luat-cong-nghe-thong-tin-19231.aspx, (19/6/2023).
[42] The equivalent is from 150,000 Ft to 300,000 Ft.
[43] The Penal Code was adopted by the Vietnamese National Assembly on November 27, 2015, [ https://thuvienphapluat.vn/van-ban/Trach-nhiem-hinh-su/Bo-luat-hinh-su-2015-296661.aspx], (19/6/2023).
[44] Phan Ky: Bao ve quyen thong tin ca nhan cua tre em, [https://nhandan.vn/bao-ve-quyen-thong-tin-ca-nhan-cua-tre-em-post682751.html], ( 10/5/2023).
Lábjegyzetek:
[1] The Author is doctoral student, Doctoral School of the Law, University of Pécs; lecturer, Can Tho University Vietnam.
Visszaugrás
