KEY TO THE WORLD OF THE NET! @ www Study of NAIH on the safe and conscious internet use of children 2013 KEY TO THE WORLD OF THE NET! Study of NAIH on the safe and conscious internet use of children (Promoting legally conscious internet use of children by means of fundamental rights protection measures) 2013 Objective of the study: Awareness raising of children regarding potential risks of internet use, identifying future challenges, promoting the conscious internet use and exercise of rights by means of applying the results of theoretical and practical researches. Co-authors: Viktor Árvay (NAIH) Nóra Belső (M.D. psychiatrist) Laura Kozma (NAIH) Ágnes Lux (Office of the Commissioner for Fundamental Rights) Petra Márkus (NAIH) Attila Mátyásfalvi (NAIH) Borbála Csekeő Reményiné (Blue Line Child Crises Foundation) Gabriella Sárközi (educational mediator) Dániel Somfalvi (NAIH) Katalin Somogyvári (NAIH) Júlia Sziklay (NAIH) Zsófia Tordai (NAIH) Translator: Balázs Mayer Editor and reader: Julia Sziklay We want to give special thanks to Facebook Ireland Ltd. for supporting the English language translation and publication of the present Study! Contents: 1. Introduction 1 2. Presentation of the National Authority for Data Protection and Freedom of Infor- 3 mation (NAIH) 3. Case-law of the DPA, the ombudsman and the police 4 4. Advantages of the internet 15 5. Children’s rights in online environment 17 6. Key topics 26 A. Age and maturity 26 B. Anonymity 30 C. Personality distortion 31 D. Public spaces 37 E. Harmful contents 41 F. Possible trends of future development 44 7. Mapping of problems – online deviancies 47 a. Cyberbullying 48 b. Internet memes 50 c. Provoking comments (troll) 50 d. Sending erotic photos (sexting) 51 e. Internet pedophilia 52 f. Online meshing (grooming) 54 g. Online games 54 h. Other forms of personal data abuses 59 8. Best practices (data protection supervisory authorities, ombudsmen) 61 a. Portugal 61 b. Ireland 62 c. Scotland 64 d. Norway 64 e. New Zealand 65 f. Canada 66 g. USA 67 h. EU practices 70 9. Hungarian “recipe” 74 + Appendix (for children) 77 1. Introduction “The internet is not good and not bad either – it is solely a feature. A mirror. What emerges therefrom does not seem to be radically novel. Network life inherits many nuisances and diseases of the social existence.” (Dr. László Ropolyi)1 The rapid development of IT, internet and telecommunication technologies have brought about radical changes in the world almost in all aspects of life in the recent decades. The information society is based on the nearly unlimited abundance and distribution of in- formation. However, as defined by Prof. Manuel Castells “The network society, in the simplest terms, is a social structure based on networks operated by information and communication technologies based in microelectronics and digital computer networks that generate, process, and distribute information on the basis of the knowledge accumulated in the nodes of the net- works.2” Into this world our children have been born and they consider it as a natural com- munication environment. Without overestimating the available research data (e.g. European Values Study, 20083) we can conclude that people communicating and socializing on the web – due to the amount of available information as well – are generally more curious and open to new things but less cautious than his fellow-beings that do not use the internet. Results of in- ternational researches4 focusing principally on children also warn that the risk of evolve- ment of double morality among internet users is high – the frequent internet users’ online standards are more lenient and less severe compared to those rules recognized by the same person in the offline world. This reflects in regular and frequent software downloads, in rough chat style, disgracing comments or even online harassments and in the abuses of fellow net users’ personal data.5 1 László Ropolyi: Internet use and the construction of network life, Information Society, VI(4), 39-46, 2006 2 Identity and Change in the Network Society, Conversation with Manuel Castells (May 9, 2001) In.: http://globetrotter.berkeley.edu/people/Castells/castells-con4.html 3 György Csepeli- Gergő Prazsák: Internet users attracted by the values in.: What do Hungarians appraise? Hungarian results of the European Values Study, 2008, ed.: Gergely Rosta- Miklós Tomka, OCIPE Hungary-Fa- ludi Ferenc Academy, Bp., 2010, p. 187-204. 4 For example Isabelle Michelet: Our Children at Risk Online: The Example of Thailand., ECPAT International Bangkok, 2003 5 “ frequent and for long internet user kids lack empathy and the ability to read faces, they cannot detect subtle signals which are not communicated verbally or in writing and this evokes several conflicts in the offline commu- nication.” in.: Katalin Parti- György Virág: The cyberkid and the bicycle. Specialities of internet use of Eastern European children, Criminology studies 48., OKRIO Bp., 2011, p. 43. National Authority for Data Protection and Freedom of Information 1 The new culture develops novel behavioural forms which we, adults, need to recognize, understand as well as to prepare the so-called “Z generation”6 to dangers aris- ing out of them, too. Fortunately lots of programs, campaigns and organizations deal with potential online threats to children in Hungary, as well. The objective of this study is to contribute to the appropriate and up-to-date analysis of the topic from a fundamental law – primarily a data protection – perspective and, according to our intentions, to improve the online culture of children by practical means. The approach, i.e. the fundament of data protection, is based on human dignity which, pursuant to the Hungarian legal interpretation is inviolable and unrestrictable. If a child, using the internet, takes over these stable values he will not do anything to hurt the dignity of others, what’s more, will deliberately take a stand against disturbing and offen- sive phenomena in his vicinity and thus his vulnerability could be significantly reduced. 6 Y generation: born between 1976 and 1995, affected by an overwhelming impact of technology develop- ment, Z generation: the first global generation, teenagers of today who were born between 1995 and 2009. National Authority for Data Protection and Freedom of Information 2 2. Presenting of NAIH The Hungarian National Authority for Data Protection and Freedom of Infor- mation (NAIH) commenced its operation on the 1st of January 2012, however, it has been resuming the legal protective activity of the former data protection commissioner opera- tive between 1995-2011. Pursuant to the Fundamental Law of Hungary and the effective legal instrument (Infotv.)7 the NAIH, as a state body, supervises the enforcement of the rights to the protection of personal data (data protection) and access to public information and information of public interest (freedom of information), receives complaints from citizens. In case of well-founded suspicion of severe data breaches it initiates data protec- tion administrative procedures where it may order the blocking or destruction of data processed unlawfully and may prohibit the unlawful data processing or even may impose a financial penalty up to 10 million HUF. The internet is an extraordinary scope of processing of personal data and data of public interest with regard to the incredible high number of information, the data pro- cessing activities and data subjects as well as the power of unlimited publicity. The protec- tion of children’s personal data has always been a priority for all of us dealing with data protection issues since, due to their age and lack of proper life experience, they are more vulnerable and the consequences of infringements may severely affect their personality and mental development. Hence our DPA has to pay more attention to internet-related data processing activities affecting minors. The prevention and the dissemination of -in formation have therefore utmost importance whilst the remedy of infringements and the awareness raising of data subjects and the public are also fundamental requirements. 7 Act CXII of 2011 on Informational Self-determination and Freedom of Information – Hungary National Authority for Data Protection and Freedom of Information 3 3. Case-law of the data protection supervisory authority, the ombudsman and the police Case-law of the supervisory authority The Data Protection Commissioner – then as of st1 January 2012 the NAIH – al- ways received a lot of complaints in relation to internet abuses. Even in default of knowl- edge concerning the age of the aggrieved party we can conclude that in case of the viola- tion of inherent rights – violation of the honour and human dignity, defamation, abuse somebody’s likeness and recorded voice, violation of the privacy of correspondence and private information, legal disputes arising out of the violation of inherent rights in the course of data processing and data process – the aggrieved party may launch a civil lawsuit against the offending party. A judicial establishment of the violation of law, provision of restitution, a cease and desist order as well as a damage claim may also be initiated. In case of offences of defamation, libel or misuse of personal data the proceeding begins by virtue of a denunciation lodged with the competent authority. In addition the aggrieved party may ask for the removal of comments and contents infringing his/her inherent rights. Most complaints are received in accordance with personal data or photos dis- closed on social networks by users and misused by third parties. Online registrations on behalf of a third party, however, without his/her consent and knowledge shall be deemed as a misuse of personal data. The same applies to defamatory profiles. According to the position of NAIH publicity shall be interpreted in a small scale in conformity with the logical structure of social networks. Third parties who are not registered may get to know personal data entered into the system only with the support of a registered member.