[THE PRIVACY OF MINORS IN THE DIGITAL AGE]

The French Law n°2024-120 of 19 February 2024 (‘Law n°2024-120’) strengthens the protection of children's privacy, particularly in the digital context. It also aims to make parents more aware of the risks of exploiting children's images, in order to better protect their safety, well-being and development.

(Article 9 of the Civil Code; Article 16 of the International Convention on the Rights of the Child; French National Assembly, 19 January 2023, no. 78)

The parental authority vested in the parents of a minor is intended to serve the interests of the child, taking into account his or her age and degree of maturity, until the age of majority or emancipation. However, with the advent of an economy of influence in a more ‘connected’ society, the exercise of these rights and duties is proving less obvious.

In addition to the provisions relating to children's health, safety and morality, Law no. 2024-120 adds considerations relating to their ‘private life’, particularly in digital form. In view of the risks associated with the public exposure of children online, the new article 372-1 of the Civil Code provides for the need for the agreement of both parents when a decision on the use of the child's image becomes necessary.

In the event of disagreement between the parents over the exercise of the child's image rights, paragraph 4 of article 373-2-6 of the Civil Code provides that the family court judge (JAF) may intervene to prohibit one of the parents from broadcasting any content relating to the child - without the authorisation of the other parent.

If the broadcasting of the child's image by the child's parents causes serious harm that could affect the child's dignity or moral integrity, article 377 of the Civil Code allows for an application to the JAF for the delegation of the exercise of the child's image rights.

Lastly, the French Law n°78-17 of 6 January 1978 on data processing, data files and individual liberties has been amended to protect children's personal data, as images of minors may be considered sensitive personal data in certain contexts.

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