In this fourth and final installment of the
series “It's not you, it's me” we analyze the aspects related to the road
constitutional, the administrative route, the extrajudicial mechanisms and some
brief conclusions.
series “It's not you, it's me” we analyze the aspects related to the road
constitutional, the administrative route, the extrajudicial mechanisms and some
brief conclusions.
For those interested in previous deliveries, you can go to the 1th installment, 2th installment y 3th installment.
C) Via
constitutional
There are numerous decisions that deny the identification of users
prior to the exercise of a civil action, as it is not legally provided for, in
attention to the fundamental rights to privacy and secrecy of
communications.
prior to the exercise of a civil action, as it is not legally provided for, in
attention to the fundamental rights to privacy and secrecy of
communications.
Thus, we find ourselves facing a conflict between the right to honor,
also recognized by the 1978 Constitution, and those already mentioned,
producing situations of potential defenselessness and, therefore, contrary to the
right to effective judicial protection.
also recognized by the 1978 Constitution, and those already mentioned,
producing situations of potential defenselessness and, therefore, contrary to the
right to effective judicial protection.
In the event of not being able to obtain any guardianship, given the circumstances
noted, access to constitutional protection could be considered.
noted, access to constitutional protection could be considered.
At this point we must consider the times and costs that operate in
this way. If the Constitutional Court, after admitting and studying the case,
dictate a sentence that accepts our position, it must be taken into account that
-subsequently- a procedure would have to be initiated to identify
users through civil means, etc.
this way. If the Constitutional Court, after admitting and studying the case,
dictate a sentence that accepts our position, it must be taken into account that
-subsequently- a procedure would have to be initiated to identify
users through civil means, etc.
D) Via
Legal
Legal
Although the administrative route can sometimes
seem of lesser importance than jurisdictional importance, the truth is that in
In certain cases, it is considered the main means of defense against a
attack of the type we have been dealing with.
seem of lesser importance than jurisdictional importance, the truth is that in
In certain cases, it is considered the main means of defense against a
attack of the type we have been dealing with.
As an example we will cite A case en
which the Spanish Data Protection Agency (AEPD) in relation to a
fake profile created to make contacts of a sexual nature on the social network
Badoo, with a woman's personal data without her consent,
as required by Article 6 of Organic Law 15/1999, of December 13, of
Protection of Personal Data (LOPD).
which the Spanish Data Protection Agency (AEPD) in relation to a
fake profile created to make contacts of a sexual nature on the social network
Badoo, with a woman's personal data without her consent,
as required by Article 6 of Organic Law 15/1999, of December 13, of
Protection of Personal Data (LOPD).
After receiving obscene calls from numerous men, the affected woman went to
the AEPD, who investigated the events and requested the IP from where they had been
entered the data to the Internet service provider. The person responsible for
The IP was the current partner of an ex-boyfriend of the complainant, a circumstance that
The AEPD considered it proven and that it gave rise to a fine of 2.000 euros, for
violation of the aforementioned article 6 LOPD.
the AEPD, who investigated the events and requested the IP from where they had been
entered the data to the Internet service provider. The person responsible for
The IP was the current partner of an ex-boyfriend of the complainant, a circumstance that
The AEPD considered it proven and that it gave rise to a fine of 2.000 euros, for
violation of the aforementioned article 6 LOPD.
On January 6, 2014, the Israeli Parliament, which is called
Knesset passed a law on sexual harassment that establishes a
prohibition of uploading photos or videos with sexual content to the Internet
explicit without consent of the subjects who appear in them.
Furthermore, this phenomenon, called “revenge porn”, has led to the state of
California to enact the law known as SB 255, which seeks to facilitate the
criminal prosecution of anyone who uploads images to the Internet without consent.
Knesset passed a law on sexual harassment that establishes a
prohibition of uploading photos or videos with sexual content to the Internet
explicit without consent of the subjects who appear in them.
Furthermore, this phenomenon, called “revenge porn”, has led to the state of
California to enact the law known as SB 255, which seeks to facilitate the
criminal prosecution of anyone who uploads images to the Internet without consent.
E) Mechanisms
extrajudicial against usurpations
extrajudicial against usurpations
El aarticle 13 and following of the Law
34/2002, of July 11, on Information Society Services and
Electronic Commerce, establish the responsibility of the providers of
information society services.
34/2002, of July 11, on Information Society Services and
Electronic Commerce, establish the responsibility of the providers of
information society services.
The different social platforms have established internal systems to
facilitate the reporting and elimination of this type of profiles.
facilitate the reporting and elimination of this type of profiles.
i. Social Media
La identity impersonation is a
violation of the Rules of
Twitter. Twitter accounts that pretend to be someone else's
or entity with the purpose of confusing or deceiving may be suspended
permanently in accordance with its Phishing Policy. This does not prevent
that Twitter users can create parody or tribute accounts.
Facebook and Twitter have implemented a new security measure aimed
to prevent third parties from impersonating known people. Some
celebrities such as B. Obama, Madonna, Shakira, among others, already
have embraced this new measure.
to prevent third parties from impersonating known people. Some
celebrities such as B. Obama, Madonna, Shakira, among others, already
have embraced this new measure.
ii. Internet User Security Office (OR IF)
La OSI It is a service of the Secretary of State for Telecommunications
and for the Information Society launched by the National Institute of Information Technologies
Communication (INTECO), in order to create a
safety culture, prevent, raise awareness and train by providing information
clear and concise information about technology and the state of security in
Internet.
and for the Information Society launched by the National Institute of Information Technologies
Communication (INTECO), in order to create a
safety culture, prevent, raise awareness and train by providing information
clear and concise information about technology and the state of security in
Internet.
3. CONCLUSIONS
We are facing a phenomenon that is in growing, hand in hand with a
increasingly expansive and higher quality technology.
increasingly expansive and higher quality technology.
Although in the past the general perception of
citizenship was that impersonation and usurpation constituted a phenomenon
punctual and isolated, currently its media presence and concern
that they generate overflow borders.
citizenship was that impersonation and usurpation constituted a phenomenon
punctual and isolated, currently its media presence and concern
that they generate overflow borders.
Our legislation, anchored in the XNUMXth century
in relation to the matter at hand, you should come into contact with reality
and update, establishing a dynamic and conscious framework of the eventual
convergence and fusion of life
on a physical plane with life online. This serves, therefore, as
call for:
in relation to the matter at hand, you should come into contact with reality
and update, establishing a dynamic and conscious framework of the eventual
convergence and fusion of life
on a physical plane with life online. This serves, therefore, as
call for:
– legal mechanisms are implemented
necessary to identify the IP addresses of impersonators,
usurpers and, in general, violators of article 18 CE, in civil proceedings;
necessary to identify the IP addresses of impersonators,
usurpers and, in general, violators of article 18 CE, in civil proceedings;
– is reviewed or, where appropriate, eliminated
cryptic reference to “usurpation of civil status” as well as the interpretation
jurisprudence that conceptually limits this type to an analogical scope with
long-lasting nature, ignoring that the online effects can be equally
extended over time and be visible to a much larger public,
thus multiplying its effects;
cryptic reference to “usurpation of civil status” as well as the interpretation
jurisprudence that conceptually limits this type to an analogical scope with
long-lasting nature, ignoring that the online effects can be equally
extended over time and be visible to a much larger public,
thus multiplying its effects;
– awareness campaigns are developed
and training of Internet users on precautions to adopt to avoid
impersonations and usurpations of personality, as an example, not facilitating
personal or compromised information, password management, etc.;
and training of Internet users on precautions to adopt to avoid
impersonations and usurpations of personality, as an example, not facilitating
personal or compromised information, password management, etc.;
– review the role of health care providers
services and their responsibility in this type of matters, without prejudice to the
adequacy of the measures voluntarily adopted by them.
services and their responsibility in this type of matters, without prejudice to the
adequacy of the measures voluntarily adopted by them.
At this point, it is only worth remembering that all caution is insufficient, since
that everyone can be a victim of impersonation or usurpation of the
personality. We therefore recommend intelligent and cautious management of
the data and information provided through the network of networks.
that everyone can be a victim of impersonation or usurpation of the
personality. We therefore recommend intelligent and cautious management of
the data and information provided through the network of networks.
Authors: Alba Mª López y Cristina Espín
Visit our web page: http://www.elzaburu.com/
