Equal Concerns, Unequal Response: A Comparative Examination of Children’s Digital Privacy Protections in East Asia

Abstract

This paper examines the legal frameworks for digital privacy protections in East Asia, with a specific focus on children’s digital privacy rights. With the increased digitization of daily life, the rights to privacy and data protection are emerging as key legal concerns. Children are especially vulnerable to economic and interpersonal exploitation through internet technologies, which sets their privacy needs above those of the general user. However, literature on these issues is dominated by studies of the European Union and the United States, where the discourse on privacy first evolved. East Asian states are overlooked despite their growing presence as leaders and consumers of digital technologies. Following the standards of critical comparative law, this paper draws on relevant literature, statutes, and case law to examine the development, enforcement, and effectiveness of privacy law frameworks in this understudied area. It calls for better development of oversight authorities and underscores the benefits of strong civil and criminal law protections for privacy rights.