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

Abstract

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.