Sharenting, a question of custody, (and data protection)?

Abstract

Sharenting is the practice of parents publishing pictures of their children on social networks. Although the term is modern, the activity is not modern at all, and the first pronouncements of the Provincial Courts (Audiencias Provinciales) can be traced back to 2015. In the absence of specific legislative provisions on the matter, case law attempts to establish the sharenting characteristics to guarantee the constitutional rights of minors. So, the consent of both parents must be obtained, the dissemination must be carried out on digital platforms, and the minor must be under fourteen years old. The complexity of striking the right balance between the best interests of the child and the correct performance of the child's protection and upbringing is aggravated when the parents, separated or divorced, both retain custody, but only one of them is the guardian of the child. This paper compiles the most relevant pronouncements of the Provincial Courts and, through its study, sets out the spanish doctrine that is currently being developed, reflecting on its future and adequacy.