Illegitimate intrusion in times of Internet

Lawyou — viernes, 26 de febrero de 2021

Given the proliferation of social networks and participatory platforms, there has been an increase in the misuse of these, especially with respect to those who use anonymous users to insult or harass.


What is considered illegitimate intrusion?

The illegitimate intromission is assessed around the rights of honor, privacy and self-image. Regarding honor, the RAE defines it as «glory or good reputation that follows virtue, merit or heroic actions, which transcends the family, persons and actions of the person who earns it«.

Consequently, it is considered that there is unlawful interference when there are expressions or facts disclosed that are defamatory or vexatious with respect to the honor, privacy or self-image of the injured party.

In the case of the right to honor, are the service providers liable?

There will be liability of service providers when they have actual knowledge of the unlawfulness or capacity of injury of the content and, even having such knowledge, they do not act with diligence to remove it.

Therefore, we can determine that liability is based on the knowledge of the unlawfulness, since once it is known, due diligence must be taken so that the infringements that are being committed cease. This diligence is necessary since the author of the information will be responsible for the infringement of the mentioned rights, but the intermediary is still the one who makes the contents available to the users.

In this sense, from LAWYOU we highlight the Judgment nº 98/2010 of the Provincial Court of Barcelona (Section nº 19), of March 3, in which it was considered that the provider (YAHOO) acted diligently when it had actual knowledge of the intrusion made by a user. However, as highlighted by the complainants, the contractually agreed procedures had not been used to avoid these situations known by the actors, i.e., there was a deficiency of management and security systems by YAHOO.

In the case of image rights, is it possible to publish photos from a public social network without authorization?

In relation to this assumption, in LAWYOU we highlight the recent judgment of the Plenary of the Civil Chamber I, of the Supreme Court, in which a newspaper was sentenced to pay a compensation of 15.000 euros to the owner of the photograph. The Court based its decision on the fact that the aforementioned photograph is accessible to the general public does not authorize a third party to reproduce it in the media without the consent of the owner.

Therefore, we can extract as a consequence that in order to be able to use said photo, the rules established by the Organic Law on Data Protection must be followed, being necessary the «express consent» required therein.

What problems do we at LAWYOU see for the future?

Social networks and the use of data are going to become more and more widespread, allowing us to know more and more data about our lives. Therefore, both from the Spanish State and from the community level it will be necessary to develop legislation that adapts to the new circumstances in the same sense as Regulation (EU) 2016/679, as well as social awareness of the importance that our personal data have nowadays.

Due to the large amount of personal information of clients that we lawyers handle, it is convenient that we become aware of the importance of the treatment of personal data, both at a personal and professional level. The proliferation of the use of social networks, websites and online files in the practice of law is disturbing and that is why we have to avoid any kind of illegitimate intrusion in the confidential information that clients entrust to us.

How does LAWYOU help you to solve the illegitimate intrusion of data?

At LAWYOU we want to help you to give the optimal relevance to the personal data of clients for a correct practice of law. To this end, we provide you with numerous programs created by our specialists, with the assistance of lawyers with experience in data protection and Information and Technology Law.

Do you need legal advice?

Do not hesitate to contact us to tell us about your case through our e-mail or, if you prefer, you can also call us at 602 226 895.

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