From Traditional Ethics and Family Values to Postmodern Phenomena

The Evolution of Legislative Thinking on Children’s Privacy in the Context of Digital Transformation in Vietnam

Absztrakt

This article explores the evolution of Vietnamese legislative thinking on children’s privacy rights, tracing a shift from a traditional framework rooted in family ethics and social norms towards legal responses to postmodern dynamics in the digital environment. In contemporary digital contexts, children are increasingly datafied, governed by algorithmic systems, and influenced by artificial intelligence. The article develops a historical analytical framework by examining the emergence of children’s rights protection in international human rights instruments and analysing the processes through which these standards have been internalised in Vietnamese law. From a legal-historical perspective, it identifies three stages in the development of legislative thinking on children’s privacy rights and exposes persistent limitations, notably the predominance of ex post regulatory responses and the absence of effective technological risk-management mechanisms. On this basis, the article proposes directions for legislative reform aimed at strengthening a child-centred approach that is responsive to the structural challenges of the digital environment.