La proteccion de los menores no emancipados en la red informatica

Abstract

This Thesis argues that the alternatives of self-regulation and self-determination of information are insufficient measures in the environment of the minor that does not enjoy sufficient maturity in relation to the computer network society, unless their parents or guardians diligently comply with the duty of education and vigilance imposed by parental authority and guardianship in order to empower them in the exercise of their progressive autonomy in virtual communities. These duties require parents and guardians to educate themselves in regards to computer technologies and to not assume the rights of the personality of the minor when exposing them to the public spheres of social networks.The legal framework that protects unemancipated minors as they engage with the computer network is analyzed in the legal and methodological context of Comparative Law between Spain and Puerto Rico. At the same time, it inquires the jurisprudence, directives, agreements and treaties promulgated by the European Union that offer protections of the rights of minor's personality and their personal data, in which Spain has been a signatory as a State. Lastly, it examines the jurisprudence, federal laws, and international treaties that address similar protections in Puerto Rico and the United States...