Minors and new technologies: From parental responsibility to parental control in balancing with the child’s right to personality

Abstract

This article deepens the relationship between minors and new technologies. The legislation of reference is preliminarily represented by the main international charts on the protection of minors, to which are added the most recent rules on the data protection as well as the rules of the civil code. In particular, it is examined the issue of parental control and whether this technological control falls within the broader concept of parental responsibility and in the parental supervision obligation sanctioned by article 2048 of the Civil Code. At the same time, it is examined the right to the online personality of the child, which emerges even more in the current historical context, in which the age of Internet access is always lower and lower. This is also seen in the light of the recent European regulation on the data protection which has recognized the consent given by a child of at least 16 years. Finally, it is dealt the system of negotiation deeds concluded by the child with through the use of the technological tool.