L'utilizzo di dispositivi di geolocalizzazione sui minori tra responsabilità genitoriale, intervento pubblico e autodeterminazione del minore

Abstract

Datafication is the activity of the 21st century. If ‘data is the new oil’, children’s data is invaluable. The persistent, generalised monitoring activity we are all victims of nowadays, is particularly stronger and, at the same time, completely ‘normalized’ and accepted when it comes to children. In this case it is done by family members – mainly parents – and raises a lot of questions. This paper addresses the topic regarding the employment of geo locations tracking applications on children from the parental responsibility’s, the evolving capacities of the minors’ and the State’s or the institutions’ role, perspectives. Analysing these three dimensions, the article argues that only a child-centered approach is able to maintain the balance between these three elements, and suggests that the UK Age- Appropriate Design Code (Children’s Code) can be in fact elected as a model to other legal systems, preserving the very essence of each of these elements, protecting and promoting children’s rights as well.