Sharenting for money in face of the violation of children’s personality rights: rules applicable on the liability regarding misuse of personal data and advertising abuse with the exploitation of vulnerable bystanders

Abstract

This paper analyzes the digital phenomenon of Sharenting where either parents or legal guardians expose personal data of their children on social media for profits and other economic gains, while at the same time causing harm to their children. The paper analyzes whether the current legal framework in Brazil could prevent and deal with such problem, since there are no specific rules regarding the subject. In this sense, this paper is based on hermeneutic, dialectical and argumentative methodology, as well as exploratory and bibliographic research. In the initial part of the article, brief comments are presented on the concept, as well as the characteristics and the negative consequences generated by the missharing of information about children. The paper advocates for the update of the Brazilian legal system based on the international protection rules that are set forth on the General Comment 25/2021 issued by the United Nations. Since currently there are no specific rules on the subject, the paper sheds light on the provisions of the Civil Code and Federal Acts 8,069/1990, 8,078/1990, 12,965/2011 and 13,709/2019, in order to seek alternatives for the prevention of such misbehavior. The paper concludes that it is very important to establish specific provisions, whereas public agencies shall not only and urgently hold accountable family members who are causing harm to the personality rights of children, but also companies and digital platforms that profit from such situation.