As I prepare to go to a fundraising luncheon for a wonderful child-centric organization, and as I look at their website – full with many beautiful pictures and stories of the children they have helped – a question comes to mind:  Who has the right to these digital images and stories? 

I am not referring to the legal right.  Certainly the legal use of these photos is determined by the parents, and I am certain all of the appropriate rules pertaining to HIPPA and privacy were applied.  

I am referring to the ethical right. 

Digital images and digital representation of story, at least in theory, will persist into adulthood for these children. 

So, do their future-selves, who may or may not not want their medical history displayed for all to see for the next 50 years, have any say in the matter?  

Or, phrased another way, at what point does a child have an explicit say in their own photo use? 17 years old? 12 years old?  5 years old?  2 years old? 

I am not suggesting there is something nefarious going on.  Undoubtedly, the decision to allow use of their child’s  image and/or story is often the  way for the parents to show gratitude to an organization which may have saved their child’s life.  

What I am suggesting is we may need to rethink our ethical basis for making decisions in the digital space.