Do kids have the right to consent? What to consider before tracking their location
When Victoria’s son started school this year, she was nervous about the transition. Following the advice of another mother at her son’s school, she purchased a smartwatch that allowed her to remotely track his location. But the Sydney-based mother, who is using a pseudonym for privacy reasons, says she became obsessive about his whereabouts.
“As a first time mum putting my kid in school, it’s quite daunting. Daycare offers regular updates and photos, so there’s a comfort level in knowing you can keep an eye on them. But at school, it’s a totally different story.”
The use of tracking technology with kids raises a number of questions – none easily answered – around ethics, privacy and childhood development.Credit: Bethany Rae
She says she was unable to relax and eventually stopped using the watch.
It’s become increasingly common for parents to use location tracking apps with their kids, like Apple’s Find my iPhone and the Australian-owned family location sharing app Life 360. According to a 2019 survey from the Royal Children’s Hospital (RCH), one in five Australian parents reported doing so.
But the use of such technology raises a number of questions – none easily answered – around ethics, privacy and childhood development.
The relationship between tracking and safety
The main message, both behind the marketing of such technology and parents’ reasons for using it, is that tracking increases safety. But Dr Simon Coghlan, a senior lecturer in digital ethics at The University of Melbourne who co-authored a paper on parent’s use of tracking devices, says the extent to which they actually increase safety is contested.
“It’s hard to deny to some degree. If a person is in trouble and can’t access their phone, for example, then having the ability to track them could be really important.”
“[But] I think many of the uses of this technology will not necessarily make those who are being tracked any safer. It might give the illusion of safety. It might be more useful for a parent’s peace of mind than their ability to substantially increase the safety of their children.”
He says parents will have to consider the “inevitable trade-offs” between the potential safety benefits of tracking and the potential harms of excessive monitoring.
For parents of autistic children, where wandering – the phenomenon of wandering off in public places due to distraction or overwhelm – is common, the use of tracking apps is often recommended. But clinical psychologist Marie Camin says dealing with the causes of wandering, like sensory overload, should always be the first port of call. She thinks tracking devices should only be used as a temporary solution, such as in the initial stages of a diagnosis.
The right to consent?
Do children have the right to consent to being tracked? While 87 per cent of parents in the RCH survey said their child was aware of being tracked, 31 per cent said their child would prefer if they weren’t sharing their location.
Coghlan says there are interesting ethical implications around this. “There are reports in the media about children who have to use them. Otherwise, they get their phone confiscated, for example. And there’s already an inherent power imbalance between parents and children, so you’ve got a situation where children don’t have the same choices as older people.”
Sian Khuman, a psychologist and psychotherapist at The Sydney Relationship and Family Practice, thinks age is a factor when it comes to consent. “After the age of 13 or 14, there needs to be a conversation.”
But she says this all depends on a child’s ability to communicate reliably with their parents. “I think parents need to have some ability to contact their kids and know where they are.”
Privacy for all children is important, says Khuman, who suggests parents talk to their kids to establish boundaries around the use of tracking apps.
She says parents should allow children to have a say through open conversations about why they’re tracking their location and by allowing them to negotiate times when they might turn sharing off.
Raising independent kids
Coghlan says there are two opposing views around development and the use of tracking technology. The first, one commonly put forward by proponents of such apps, is that they allow children to engage in “riskier” activities since they have someone looking over them.
The opposite point of view, is that tracking “might be undermining the development of independence, autonomy and resilience, as well the ability to solve problems without someone looking over their shoulder.”
Since their use is relatively new, Coghlan says we’re yet to see the full implications on child development. “It’s a bit of a social experiment.”
Whether location sharing apps are used or not, Khuman stresses the importance of transparency and communication as an important life skill.
“If you’re living with people, it’s that respect of being able to work together as a group. If teenagers can do that well, then they’ll do better in relationships too because they’ll be more respectful of everybody’s needs.”
She adds that constant monitoring has potential to paint the world as a fearful and dangerous place, and children need a degree of freedom to develop resilience.
“The way to help children develop and feel safe and secure in the world is not by constantly observing them. It’s about giving them the space to go and explore and come back and communicate together, but letting them know that you’re there to provide that sense of safety.”
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