Ms. Wang, the mother, suddenly received a text message, she didn't believe it at first, but when the other party accurately said the child's name, school, and class, she panicked.
Ms. Wang immediately reported the case to the public security organs, and after an investigation by the public security organs, it was found that the robbers had obtained the child's detailed information from Ms. Wang's circle of friends......
Recall, since her children were in elementary school, she would take photos of her children and post them on social platforms such as Moments every day when she picked up and dropped off her children from school. I wanted to keep the child's growth footprint in the form of a circle of friends, but I didn't expect it to directly facilitate the robbers to obtain the child's personal information.
Coincidentally, Mr. Li from Shanghai also received a "letter for help", in which he clearly described the situation of his children's school and summer camp, and asked for 1.7 million yuan "with the help". When the police caught the suspect, they learned that the suspect had mastered the source of information through his circle of friends, and then planned this "help-seeking incident".
"Baby-showing" generally refers to parents posting photos or videos of their children on the Internet. Although many "baby-showing" behaviors are out of sharing the beautiful growth moments of children, there are some legal risks.
A legal perspective on the risks of "showing off the baby".
1. Divulging your child's privacy
The tranquility of a natural person's private life and the private space, private activities, and private information that they do not want others to know. Natural persons enjoy the right to privacy, and children are no exception, and no organization or individual, including the child's parents, may infringe upon the privacy of others by means such as spying, intrusion, leakage, or disclosure. Everyone defines the scope of their privacy differently, especially in adolescence, sensitive minds, many things are unwilling to share with others, let alone public, "baby" is a kind of child's facial information, emotions, experiences, etc.
2. Divulging your child's personal information
The scope of personal information is broader than that of privacy letters, and citizens' personal information refers to all kinds of information recorded electronically or otherwise that can identify a specific natural person or reflect the activities of a specific natural person, either alone or in combination with other information, including name, ID number, communication contact information, address, account password, property status, whereabouts, etc. Once this information is published through the Internet, it is easy for criminals to obtain and use it, bringing potential risks to the lives and property safety of children and families.
3. Cyberbullying
Once a child's photo is posted on the internet, it can be a target for cyberbullying. Others can use the photos to make malicious comments, ridicule, or harass children.
4. Illegal commercial exploitation
Some parents may use their children's photos for commercial purposes without authorization, such as advertising, endorsements, etc., which may be against the child's will and violate the relevant provisions of the Law on the Protection of Minors. In addition, children's photos may also be illegally used by some businesses without the consent of the children or guardians, which may lead to legal issues such as trademarks and portrait rights.
5. Copyright disputes
Even though it is a child's own photo, if the photo was taken by someone else or there are other copyright issues, the unauthorized posting of the photo may infringe the copyright of others, which can lead to legal disputes and allegations of infringement.
In order to better protect the legitimate rights and interests of minors, the Law on the Protection of Minors clearly stipulates the principle of the best interests of minors and sets out specific requirements for handling matters involving minors.
The principle of the best interests of minorsArticle 4 of the Law on the Protection of Minors protects minors and shall adhere to the principle of the best interests of minors. The handling of matters involving minors shall meet the following requirements: (1) giving minors special and priority protections, (2) respecting minors' personal dignity, (3) protecting minors' privacy and personal information, (4) adapting to the laws and characteristics of minors' physical and mental health development, (5) hearing minors' opinions, and (6) combining protection and education.
According to this law, all matters involving minors should be handled in accordance with the principle of the best interests of minors, and "bring in children" in accordance with the law. The third item, "protection of minors' privacy and personal information", is particularly eye-catching. But that's not to say that any information about your child isn't allowed to be disclosed. Rather, it is necessary to consider the necessity of information disclosure and the reliability of the channel.
For example, when providing medical care for children, when participating in official events, we disclose the special conditions of the child's health to the teacher in order to provide more necessary care and help to the teacher.
Returning to the theme of "showing the baby", the law does not prohibit "showing the baby", but to guide us to "show the baby" rationally.
Take measures to rationally "show the baby"
1. Choose your publishing platform carefully
Choose a safe and secure social media platform or photo gallery app and make sure it has privacy settings and security measures in place to protect your child's personal information and photos.
2. Limit visibility
Set privacy permissions to show your child's photos only to trusted friends and family, and avoid sharing them publicly with strangers.
3. Blur your child's face or identifying features
When drying the baby, you can blur the child's face or other features that can uniquely identify them, so as to reduce the risk of personal privacy leakage.
4. Respect your child's wishes
Respect your child's right to privacy and personal wishes, and if they are already able to express their opinions, you should ask for their consent before sharing their photos.
Parents and guardians play an important role in deciding to disclose children's information, and should carefully consider the consequences of disclosing information and ensure that they act in accordance with laws, regulations, and social morality.
On the premise of rationally "showing the baby" and safeguarding the legitimate rights and interests of children, soliciting children's opinions and allowing children to participate in decision-making is also a good opportunity for children to express their opinions and enhance their legal awareness.