Legal Measures to protect chidren’s personal information from publishing photos and videos on social media

Abstract

         At present, the development of technology, communication technology and information technology have progressed rapidly. They're precipitated into an interrelated context on Network Economy. They adapt and move quickly like no borders. Especially when using the internet which is an international network caused by many small networks, united in one global network. It's important and relevant to daily life. Make personal privacy less like never before. Specifically neglecting the privacy of child may be the cause of the children or youth feel insecure or create embarrassment in the future. The propagation of photos from birth and daily life by the family who without thinking about the consequences later. Using a smart phone or applications in various conversations, not just photos but also includes the child's birthday, name, address, location, and daily life which may collect, store, use or distribute personal data by service providers in electronic data. Therefore, the child's maturity and minimum age should be considered for the main purpose of protect personal information from the use of internet by child.
           In addition, Personal Data Protection Act B.E. 2562 Section 20 has set the age limit of children or minors under Section 27 of the Civil and Commercial Code, doing any legal transaction just to gain rights or retire from duty which is a juristic act that is unilaterally favorable to child. The above limitations are for juridical act only. By Section 20 (2), in the case where a child under the age of 10 must obtain the consent of the user of parental power. It's an unwarranted limitation of the learning of the child. Besides the provisions of the law don't specifically classify the protection of child' personal data even though they are a group with high internet usage compared to people in the other age group.
           From the study found that protection personal information from the use of internet by minors must considered minimum age on issues concerning the privacy of children which is important for everyone. There are different types of personal data of children stored by schools, such as personal data, fingerprints, academic data, punishment statistics, behavior, medical information, computer search history, house maps, e-mail addresses, IP addresses, or identifiable school schedules for child, etc. These may infringe upon important fundamental privacy right, information privacy which is the right to be alone and it is the right that the data owner has control over his or her information disclosure to others. This right extends to individuals, groups and organizations.
            Suggestions from the study, the Personal Data Protection Act B.E. 2562 should be amended in legal measures related to child by establishing the definition of the term "child" under the condition of determining the minimum age of child. This includes obtaining user of parental power consent for the processing of child' personal data when accessing the website or internet system to protect the right to privacy. The minimum age requirement is not an exception that does require prior parental consent in all cases. Therefore, the age of child should be set at 16 years of age in order to be consistent with the technological evolution and intellectual development of the age. However, user of parental power are required to preserve important minors' personal information and must understand the information security. It's important for child to be aware of their privacy infringement and to prevent their personal information becoming to public information under the provisions of each law.