The right to privacy and images of children on the internet. Handbook.

Images and videos featuring children are an everyday occurrence on the internet. Although often shared with good intentions, the consequences of these publications can put children's welfare and safety at risk. Hate speech, cyberbullying, digital identity theft and paedophilia are just some of them. The Personal Data Protection Office, together with the Orange Foundation, has published a handbook that can support establishments, organisations and all adults in ensuring that children are better protected in the digital age.

Every day, hundreds of millions of images and videos are uploaded to the internet. Among them, content involving children. The consequences of such publications can be very negative in their effects - they can be a breeding ground for hate speech, cyberbullying, the creation of ridiculous memes, hurtful deepfakes, digital identity theft, e.g. in order to run fake fundraisers for a ‘sick’ child. They can even, in drastic cases, feed into forums popular with those with paedophilic tendencies. Sometimes this type of material clearly infringes on a child's dignity or relationships with adults. A lot of content involving children is published in an excessive, unreflective manner, sometimes unnecessarily or without respect for their opinion.

- The image is a personal data and a personal good. In the case of children, it is worth being particularly careful about its processing and dissemination. Adults should know not only the regulations, but also the possible negative effects of publishing this type of material on the Internet in order to be able to better protect children. - appeals Mirosław Wróblewski, President of the Personal Data Protection Office. - This is not only a legal aspect, but also an ethical one, he adds.

Once posted online, images or videos can spread rapidly and be modified in many ways by other Internet users, showing images of children in many different contexts. In addition to safety risks, these publications can have difficult consequences for the wellbeing of young people and can affect their lives - now and in the future. According to the Teenagers 3.0 (2023) report, 45.5 per cent of the teenagers surveyed said that their parents or guardians had made their image public, with 23.8 per cent of teenagers feeling embarrassed and 18.8 per cent dissatisfied[[1]]. It is worthwhile for adults, including those working in schools, nurseries, organisations and care facilities, to be aware of this.

Especially since their new duty is to implement standards for the protection of minors. These could provide a good opportunity to regulate against child abuse and neglect, including in the digital environment.

- It is important that the ‘fashion’ for sharing, the race for coverage and online popularity, do not overshadow concern for the safety and well-being of children. As a community working on their behalf, as well as on behalf of schools, kindergartens, sports clubs and many other places influencing the development of young people, we see the need for intensive awareness-raising on this subject,’ says Konrad Ciesiołkiewicz from the Orange Foundation, representing a social initiative of organisations promoting respect for children's rights in the digital environment.

To this end, the Personal Data Protection Office, together with the Orange Foundation, has issued a handbook entitled “Children's image on the Internet. To publish or not to publish?”. It has been created mainly with a view to those working in organisations and institutions whose task is to care for the welfare and safety of children. Many of the tips will also benefit the media or private individuals. The handbook describes the protection of the image, how to properly construct consent for its dissemination and dispels the most common ‘myths’ related to it. It also contains a list of potential risks involved in publishing images of children on the Internet, and explains terms such as sharenting and troll parenting. The material also includes a list of questions to ask yourself before sharing content with children online and inspiration for finding child-safe solutions.

The handbook was presented at a conference organised on 8 July 2024 by the Parliamentary Group on the Rights of the Child and the Personal Data Protection Office, in partnership with the State Commission for the Prevention of Sexual Exploitation of Minors under 15, the Criminal Bureau of the Police Headquarters and social partners.

- Together, we can do a lot for a more subjective and empathetic treatment of children - also in the digital space. The key role in this field can be played by institutions working for the benefit of young people, and by their decisions to set an example and raise awareness - also among parents - of the child's right to privacy and to manage their image.- said Monika Rosa, Chairperson of the Parliamentary Group on the Rights of the Child during the event.

 The handbook is available below.

The President of the Polish SA is an independent supervisory authority established to comply with the provisions of the GDPR. He performs his tasks with the assistance of the Personal Data Protection Office. The President of the Polish SA has been in place since 25 May 2018, the date of application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons (GDPR). Its tasks include, among others: monitoring and enforcing the application of the GDPR; disseminating knowledge to the public about the risks, rules, safeguards and rights related to data processing; disseminating knowledge among controllers and processors about their obligations under the GDPR. www.uodo.gov.pl.

Since 2005, the Orange Foundation has been supporting children and those working with them in order to develop the competences needed to take care of themselves and others in a world full of technology. It teaches digital hygiene, the basics of online safety, and cares about children's rights and empowerment. It engages Orange employees to participate in volunteering. Conducts research and issues reports on the challenges caused by the development of technology. www.fundacja.orange.pl.