Can custody restrict use of child’s name in online fundraising or crowdfunding?

In the age of digital platforms, online fundraising and crowdfunding campaigns have become common methods for raising money for various causes, including those involving children. However, when it comes to using a child's name in such campaigns, there are significant legal and ethical considerations. Custody arrangements or guardianship can play a vital role in determining whether or not a child’s name can be used, ensuring that the child's privacy and safety are upheld.

Guidelines for Restricting the Use of a Child’s Name in Fundraising or Crowdfunding

Parental Consent and Guardianship Approval

• Guardian Consent: The use of a child’s name in online campaigns typically requires explicit consent from the child’s legal guardians or parents. Custody arrangements often include provisions where one or both parents must provide written approval before a child’s name can be publicly disclosed.
• Best Interests of the Child: Custody or guardianship guidelines prioritize the best interests of the child. The decision to use the child’s name in fundraising efforts must align with this principle and protect the child from potential exploitation or harm.

Privacy Protection

• Data Protection Laws: Laws such as the Children’s Online Privacy Protection Act (COPPA) in the United States or the General Data Protection Regulation (GDPR) in Europe require that children’s personal data, including their names, be handled with special care. These regulations can restrict the collection or use of a child’s data without appropriate consent from a guardian.
• Avoiding Public Exposure: Custody guidelines may advise that the child’s name, photos, or other identifying information not be made public unless absolutely necessary, to avoid compromising the child’s privacy or safety.

Parental Monitoring and Control

• Supervision of Fundraising Campaigns: Parents or legal guardians can monitor or restrict how their child’s name is used in crowdfunding campaigns. Guardianship may include clauses that limit exposure to avoid potential risks, including emotional harm or exploitation.
• Child’s Understanding and Consent: In some cases, children (depending on their age and maturity) might also need to understand and consent to the use of their name. This ensures that the decision is made with the child’s best interests in mind.

Fundraising Platform Rules

• Platform Regulations: Crowdfunding platforms such as GoFundMe or Kickstarter often have policies in place regarding the use of minors' names and personal data. These platforms may require proof of parental consent and may place restrictions on campaigns involving children, especially for sensitive topics.
• Regulatory Oversight: Custody may include guidelines that require platforms to be compliant with privacy laws, ensuring that no campaign uses a child’s information in violation of these rules.

Legal Considerations and Custody Restrictions

• Legal Protections for Minors: Many jurisdictions have specific child protection laws that govern how a minor’s identity and personal information can be used in public campaigns. These laws generally prohibit the use of children’s names and likenesses in ways that could exploit or harm them.
• Court Orders: In cases where there is a custody dispute, a court order might explicitly restrict or prohibit the use of a child’s name in any public campaign, including online fundraising or crowdfunding.

Cybersecurity and Online Safety

• Risks of Online Exposure: The online environment exposes children to risks such as identity theft, cyberbullying, and online exploitation. Custody arrangements may take these risks into account, limiting the public exposure of the child’s name in any online campaign.
• Limitations on Sensitive Information: Beyond just the child’s name, sensitive information like medical conditions, financial status, or family history must also be handled carefully to avoid potential misuse.

Consumer and Parental Safety Tips

• Verify Platform Security: Before approving the use of a child’s name, ensure the crowdfunding platform complies with data protection and privacy laws.
• Set Limits on Exposure: Guardians can limit the amount of personal information shared in fundraising campaigns, such as not including the child’s exact location or other identifying details.
• Monitor Campaigns: Regularly monitor the fundraising campaign to ensure it complies with custody agreements and privacy guidelines.
• Evaluate the Purpose of the Fundraising: Assess the legitimacy of the fundraising campaign. If there’s any concern that the child’s name or story might be exploited, consider finding alternative, more secure methods of raising funds.
• Check Consent: Ensure that all relevant parties, including both parents or legal guardians (if applicable), are on board with the decision to use the child’s name.

Example

Suppose a family is raising money online for medical treatment for their child through a crowdfunding platform. The campaign includes the child's name and a detailed description of their condition.

Steps the guardians should take:

• Obtain Parental Consent: Both parents or legal guardians should provide explicit written consent for the child’s name to be used in the campaign.
• Review Privacy Guidelines: Ensure the fundraising platform adheres to privacy laws such as COPPA or GDPR, and check if it offers the option to anonymize the child's identity.
• Set Boundaries for Information: Limit the amount of personal and sensitive information shared publicly about the child, such as omitting the child’s full name or location.
• Monitor the Campaign: Regularly check the progress of the campaign and make sure it’s operating in line with the child’s best interests and privacy standards.
• Use Secure Channels: Ensure that funds are collected through secure, regulated platforms, and that there is a mechanism to track donations and usage transparently.