A legal perspective on trust, control and privacy in the context of sexting among children in Europe. Issue 1 (2nd January 2020) - Chatzinikolaou, Argyro
ABSTRACT: Children are engaging with technology to establish and maintain intimate relationships and explore their sexual identity. Sexting is one of the ways in which this exploration occurs, often on a consensual basis. In a first stage, this article reflects on the concepts of trust, control and privacy as prerequisites to engage in sexting. In a second stage, the authors explore the extent to which legislative instruments enable the legitimate exploration and expression of one's sexual identity, and aim to minimise adverse consequences thereof. To that end, the fundamental right to privacy, data protection frameworks and criminal legislation on the non-consensual dissemination of sexual images were identified as potentially harnessing the concepts of trust, control and privacy. Questions were examined regarding the potential undermining thereof through the application of child sexual abuse material legislation to instances of (consensual) sexting between children.