Villain or guardian? ‘The smart toy is watching you now … .’

ABSTRACT Smart toys, because they collect and have the facility to share data, have been viewed as surveillance devices, being banned in some countries and cast as villains. But who are they spying for? Could we imagine a smart toy that is programmed to pick up concerns raised by the child about their treatment by parents or guardian and alert the authorities? Could they be used to positive effect, therefore? It will be argued that this is a complex and contested area and there are clear contradictions in law, particularly concerning the protection of a child’s right to privacy versus parental expectations. This article therefore challenges some of the narratives around this area. The article will also ask whether the smart toy offers an opportunity to recast the notion of a child’s right to privacy in a way that balances children’s autonomy rights with their protection rights. It is often the unintended use of technology that shifts its purpose from villain to guardian and back again, and the smart toy may be another example of this.