95 Indiana Law Journal 1005 (2020)
Part I of this Note serves as an evaluation of parental use of social media and
further seeks to draw attention to the social and developmental impact parental
oversharing can have on children. Part II examines the tension between parents’
constitutional rights to direct the upbringing of their children, as well as their First
Amendment interest in online expression, and their children’s interest in personal
data security and privacy. Part III provides an overview of the European Union’s
right to be forgotten framework in the sharenting context and considers the
plausibility of implementing such a framework in the United States. Given the
competing constitutional interests at stake, I argue that a balanced-rights approach
should be taken to empower minors to control what personal information can be
permanently disclosed about them, while also preventing infringement on the rights
of parents to express their views on parenting and direct the upbringing of their
children. The right to be forgotten framework—adopted from the European Court
of Justice’s landmark ruling in Google Spain v. Costeja and codified in the General
Data Protection Regulation as the right to erasure—would be an effective means of
balancing these competing interests, as parents would still have the ability to disclose
information about their children and family life on social media sites, while children
would have the option to request that search engines remove links to specific pages
when the child’s name is searched.
"Sharenting and the (Potential) Right to Be Forgotten,"
Indiana Law Journal: Vol. 95:
3, Article 9.
Available at: https://www.repository.law.indiana.edu/ilj/vol95/iss3/9