25.04.2024 16:53:00
Дата публикации
Laws have recently been passed to protect women's rights and children's safety (including online). But discussions about how to protect minors on the Internet are still relevant.
In this regard, Teaching Professor of the Higher School of Law at Maqsut Narikbayev University and EDF Academic Affairs Advisor Dana Utegen analyzed the legislation of the Republic of Kazakhstan and foreign experience, then, based on the results, presented recommendations on how to improve the situation at the legislative level in terms of preventing violations of privacy.
What legislative acts of Kazakhstan regulate the protection of personal data of children on the Internet?
In Kazakhstan, the protection of children’s personal data on the Internet is regulated by several legislative acts:
The Law of the Republic of Kazakhstan “On the Rights of the Child,” in particular paragraph 4-1 of Article 1, which defines cyberbullying as a form of violence against children in the online environment and requires the protection of their rights and integrity in the digital space.
The Law “On the Protection of Children from Information Harmful to Their Health and Development,” which prohibits children from accessing information that could harm their mental and physical health, including materials that promote violence or contain sexual content.
The Education Law, which prescribes the creation of a safe learning environment for children and includes the duties of teachers to teach children morality, respect for others and respect for the environment. Also, attention should be paid to criminal legislation, in particular to the Criminal Code of the Republic of Kazakhstan, which regulates criminal liability for insult (Article 131), which includes cases of cyberbullying.
All of these laws provide a legal framework for protecting children's privacy online and are intended to prevent violence, bullying and other forms of harm to children online.
Paragraph 4-1 of Article 1 of the Law of the Republic of Kazakhstan “On the Rights of the Child” defines bullying as systematic actions of a humiliating nature, including stalking, intimidation or other forms of pressure, both in person and in the online environment (cyberbullying). According to Article 10 of this Law, the state is obliged to protect children from various forms of violence, including bullying and sexual harassment.
Government Resolution No. 156 of March 30, 2020 approved the Roadmap to strengthen the protection of children’s rights, including measures to ratify the Optional Protocol to the UN Convention on the Rights of the Child on the communications procedure. This document also provides for the monitoring and blocking of online content related to cruelty towards and by children, as well as the commission of crimes on the Internet.
The Law “On the Protection of Children from Information Harmful to Their Health and Development” prohibits children from accessing information that could lead to suicide, violence or antisocial activity, as well as containing sexual content or profanity.
The Education Law entrusts heads of educational institutions with the responsibility for creating a safe learning and education environment for children.
In addition, the expert studied foreign legislation and practice of protecting children from harassment on the Internet.
Examples of world practice
In January 2015, more than forty-nine US states passed laws aimed at combating cyberbullying. When discussing school responsibility and authority to regulate student speech, Kowalski v. Berkeley County Schools (2011) is often cited. This case set a precedent when a schoolgirl was suspended for 10 days for creating a humiliating page on social networks. The court upheld the school's decision, arguing that Kowalski's actions violated the rights of other students and disrupted the overall school environment.
Useful resources for parents and children containing information about cyberbullying
● https://sos.peremena.media
● https://edu.gcfglobal.org/en/tr_ru-internet-safety-for-kids/
● http://www.netnanny.com
● https://www.connectsafely.org
● https://www.stopbullyingnow.com
● https://cyberbullying.org/newhomepage/index.php
● https://www.connectsafely.org
In this regard, Teaching Professor of the Higher School of Law at Maqsut Narikbayev University and EDF Academic Affairs Advisor Dana Utegen analyzed the legislation of the Republic of Kazakhstan and foreign experience, then, based on the results, presented recommendations on how to improve the situation at the legislative level in terms of preventing violations of privacy.
What legislative acts of Kazakhstan regulate the protection of personal data of children on the Internet?
In Kazakhstan, the protection of children’s personal data on the Internet is regulated by several legislative acts:
The Law of the Republic of Kazakhstan “On the Rights of the Child,” in particular paragraph 4-1 of Article 1, which defines cyberbullying as a form of violence against children in the online environment and requires the protection of their rights and integrity in the digital space.
The Law “On the Protection of Children from Information Harmful to Their Health and Development,” which prohibits children from accessing information that could harm their mental and physical health, including materials that promote violence or contain sexual content.
The Education Law, which prescribes the creation of a safe learning environment for children and includes the duties of teachers to teach children morality, respect for others and respect for the environment. Also, attention should be paid to criminal legislation, in particular to the Criminal Code of the Republic of Kazakhstan, which regulates criminal liability for insult (Article 131), which includes cases of cyberbullying.
All of these laws provide a legal framework for protecting children's privacy online and are intended to prevent violence, bullying and other forms of harm to children online.
Paragraph 4-1 of Article 1 of the Law of the Republic of Kazakhstan “On the Rights of the Child” defines bullying as systematic actions of a humiliating nature, including stalking, intimidation or other forms of pressure, both in person and in the online environment (cyberbullying). According to Article 10 of this Law, the state is obliged to protect children from various forms of violence, including bullying and sexual harassment.
Government Resolution No. 156 of March 30, 2020 approved the Roadmap to strengthen the protection of children’s rights, including measures to ratify the Optional Protocol to the UN Convention on the Rights of the Child on the communications procedure. This document also provides for the monitoring and blocking of online content related to cruelty towards and by children, as well as the commission of crimes on the Internet.
The Law “On the Protection of Children from Information Harmful to Their Health and Development” prohibits children from accessing information that could lead to suicide, violence or antisocial activity, as well as containing sexual content or profanity.
The Education Law entrusts heads of educational institutions with the responsibility for creating a safe learning and education environment for children.
In addition, the expert studied foreign legislation and practice of protecting children from harassment on the Internet.
Examples of world practice
In January 2015, more than forty-nine US states passed laws aimed at combating cyberbullying. When discussing school responsibility and authority to regulate student speech, Kowalski v. Berkeley County Schools (2011) is often cited. This case set a precedent when a schoolgirl was suspended for 10 days for creating a humiliating page on social networks. The court upheld the school's decision, arguing that Kowalski's actions violated the rights of other students and disrupted the overall school environment.
The United States has a federal Children's Online Privacy Protection Act (COPPA) of 1998 that requires social media operators to respect the privacy of children under 13 years of age when collecting and using personal information. The law provides parents with tools to control the information transmitted by their children on the Internet. Each state has its own laws and policies regarding cyberbullying. There is a website called StopBullying.gov where you can find information about each state's anti-bullying regulations.
Federal precedents also give schools the right to discipline students in cases of cyberbullying. The state of Ohio passed the Jessica Logan Law after the tragic suicide of a high school student who was cyberbullied. The law requires schools to develop anti-cyberbullying policies, provides for the possibility of suspending students, and creates reporting and protection mechanisms for victims. New York's Dignity for All Students Act (DASA) was enacted to protect students from harassment, bullying, and discrimination, including cyberbullying. It requires school districts to develop anti-bullying policies, train staff and provide reporting mechanisms. Florida passed the Jeffrey Johnston Student Support Act following the suicide of a student who was cyberbullied. The law allows funding to be suspended for schools that do not comply with the requirement to inform parents about cases of cyberbullying.
Useful resources for parents and children containing information about cyberbullying
● https://sos.peremena.media
● https://edu.gcfglobal.org/en/tr_ru-internet-safety-for-kids/
● http://www.netnanny.com
● https://www.connectsafely.org
● https://www.stopbullyingnow.com
● https://cyberbullying.org/newhomepage/index.php
● https://www.connectsafely.org
These resources will help parents support their child and find the right words, given that in the digital space it is very easy to fall into the trolling zone.
General expert recommendations
● You should learn to respond to various types of user comments, set technical security settings, and also close your account profile on social networks before publishing personal photos.
● Publish as little personal information about yourself as possible, do not publish photographs of your family, home, school so that it is impossible for unauthorized persons to establish the child’s place of residence and study.
● It is necessary to openly talk about cases of bullying to parents, staff and school administration, report how you are humiliated and offended. This is a signal for adults to help you.
● If you yourself witness bullying, you should immediately inform an adult about it.
Hotline numbers can also provide psychological and legal assistance to victims of cyberbullying. In an emergency, it is recommended that you contact your local police department.
1) first of all, you should close your account on social networks from access by third parties;
2) contact the administrator of social networks with confirmation of screenshots containing confirmation of offensive and humiliating comments or online bullying;
3) if these procedures are ineffective, you should write an appeal to law enforcement agencies, or to the computer incident response service cert.gov.kz or hotline 1400.
(translation was carried out automatically)
General expert recommendations
● You should learn to respond to various types of user comments, set technical security settings, and also close your account profile on social networks before publishing personal photos.
● Publish as little personal information about yourself as possible, do not publish photographs of your family, home, school so that it is impossible for unauthorized persons to establish the child’s place of residence and study.
What should a child do?
● It is necessary to openly talk about cases of bullying to parents, staff and school administration, report how you are humiliated and offended. This is a signal for adults to help you.
● If you yourself witness bullying, you should immediately inform an adult about it.
Hotline numbers can also provide psychological and legal assistance to victims of cyberbullying. In an emergency, it is recommended that you contact your local police department.
In case of cyberbullying:
1) first of all, you should close your account on social networks from access by third parties;
2) contact the administrator of social networks with confirmation of screenshots containing confirmation of offensive and humiliating comments or online bullying;
3) if these procedures are ineffective, you should write an appeal to law enforcement agencies, or to the computer incident response service cert.gov.kz or hotline 1400.
(translation was carried out automatically)