Prevention of conversations, audios or videos and how we use instant messaging.
Today we talk about the European Data Protection Regulation of the European Union 2016/679 and Organic Law 3/2018 of December 5 on Data Protection and guarantee of digital rights with Armi Martí Polache, Legal Advice.
Why do we want data protection?
To carry out a transfer of personal data with legal support. People have to know the objectives, the purpose of the data that is transferred, to whom it is transferred, how they are going to use it. In the event that this data processing is not carried out responsibly, there is a Regulation and a Law that protects us against non-legal data processing.
An example of data not properly treated is: when conversations or photos are shared by instant messaging such as WhatsApp without the consent of the parties involved.
Can the contents of Whatshapp be legally extracted?
The contents of WhatsApp to have legal validity would have to be extracted by a computerized judicial expert, who has the legal capacity to perform this type of service. Once extracted, they are presented as legal evidence.
When two people break a relationship and are harassed by Whatshapp. Does everything that is said serve as legal evidence?
If a proper legal extraction is performed as we have already discussed, yes. Faced with a correct data extraction, we are facing a legal test that is admitted in any court.
When people criticize by writing negative reviews on Google or Facebook with fake profiles. Can you identify the real profiles?
Yes, the corresponding claim would have to be filed with the Civil Guard or the National Police. With this demand we work to obtain the real profile of the person. Being able to present the pertinent claim in court, in order for that review to be eliminated, as well as requesting compensation for damages.
A criticism of a product or service can be made if a person does not agree with the result.
On the other hand, if a criticism is presented with a false or non-false profile, with the purpose of causing harm, a crime is being committed.
What is personal data?
The data that allow to identify a natural person. The IP, a cookie, email, name, surname, photograph ...
We have interviewed Arminda, Legal Advice Armi Martí Polache, with more than twenty-five years in the professional sphere of law.
