13/01/2026
๐๐๐๐๐๐๐๐๐๐!
We came across this issue in a recent care and contact dispute. What is it about?
As parents we take copious numbers of photos of our children, sharing their photos and videos on social media platforms without fully considering the potential risks. Schools, too, often share childrenโs photos on their websites or social media pages, creating a lasting digital record.
Before diving into the critical issue of โsharenting,โ itโs essential to understand the rights children have to privacy. Once a photo or document is posted online and viewed by third parties, itโs considered โpublishedโ in the eyes of the law. This means it is no longer private property, and the control over that information can quickly slip out of the parentโs hands.
๐๐๐ซ๐๐ง๐ญ๐๐ฅ ๐๐๐ฌ๐ฉ๐จ๐ง๐ฌ๐ข๐๐ข๐ฅ๐ข๐ญ๐ฒ ๐ข๐ง ๐๐๐ง๐๐ ๐ข๐ง๐ ๐๐ก๐ข๐ฅ๐๐ซ๐๐งโ๐ฌ ๐๐ซ๐ข๐ฏ๐๐๐ฒ
As parents, we are responsible for managing our childrenโs right to privacy. Each post or shared image adds to their digital footprint, shaping how their personal information exists online. This responsibility calls for careful consideration of how we can protect their privacy and make choices in their best interest.
๐๐ก๐ข๐ฅ๐๐ซ๐๐งโ๐ฌ ๐๐ข๐ ๐ก๐ญ ๐ญ๐จ ๐๐ซ๐ข๐ฏ๐๐๐ฒ ๐ข๐ง ๐๐จ๐ฎ๐ญ๐ก ๐๐๐ซ๐ข๐๐
In South Africa, childrenโs privacy is protected under Section 14 of the Constitution, which guarantees all citizens, including children, the right to privacy. The Protection of Personal Information Act (POPIA), enacted in 2021, further protects childrenโs privacy by classifying their information as โspecial personal information.โ This designation requires specific parental consent for collecting, processing or storing a childโs data. POPIA obligates institutions, including schools and businesses, to handle childrenโs data responsibly.
๐๐ง๐ญ๐๐ซ๐ง๐๐ญ๐ข๐จ๐ง๐๐ฅ ๐๐ฎ๐ข๐๐๐ฅ๐ข๐ง๐๐ฌ: ๐๐ก๐ ๐๐ ๐๐จ๐ง๐ฏ๐๐ง๐ญ๐ข๐จ๐ง ๐จ๐ง ๐ญ๐ก๐ ๐๐ข๐ ๐ก๐ญ๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐ก๐ข๐ฅ๐
South Africa is also a signatory to the United Nations Convention on the Rights of the Child (UNCRC), which recognises the right to privacy for children.
๐๐๐ซ๐๐ง๐ญ๐ฌโ ๐๐จ๐ฅ๐ ๐ข๐ง ๐๐ซ๐จ๐ญ๐๐๐ญ๐ข๐ง๐ ๐๐ก๐ข๐ฅ๐๐ซ๐๐งโ๐ฌ ๐๐ข๐ ๐ข๐ญ๐๐ฅ ๐๐ซ๐ข๐ฏ๐๐๐ฒ
When you post pictures or personal data of your child online, youโre essentially giving consent on their behalf. This is why itโs essential to be aware of the potential risks and consider the long-term impact of your choices.
For family law advice and assistance, contact us:
082 891 4444
[email protected]
www.barrygreggandassociates.co.za
