Safeguarding Privacy in Social Networks
| Autor | David López Jiménez, Patricia Vargas Portillo, Eduardo Carlos Dittmar |
| Cargo | Full Professor. EAE Business School, Madrid, Spain. Fellow at the University of Brasilia Center on Law and Regulation. Address: Joaquín Costa, 41, Madrid, Spain. E-mail: dlopez@eae.es. - Senior Lecturer. ESIC Business & Marketing School, Madrid, Spain. E-mail: vargasjennypatricia@gmail.com. - Senior Lecturer and Associate Dean. EAE Business ... |
| Páginas | 58-76 |
58
Safeguarding Privacy in Social Networks (p. 58-76)
DITTMAR, E. C.; JINÉNEZ, D. L.; PORTILLO, P. V.
Safeguarding Priv acy in Social Networks
.
The Law,
State and Telecommu nications Review
, Brasilia, v. 12, no. 1, p. 58-76, May 2 020. DOI:
https://doi.org/10.26512/lstr.v12i1.31238.
SAFEGUARDING PRIVACY IN SOCIAL NETWORKS
Submitted
: 24/05/201 9
David López Jiménez*
Patricia Vargas Portillo**
Eduardo Carlos Dittmar***
Revised
: 20/06/2019
Accepted
: 22/07/201 9
Abstract
Purpose
–
The purpose i s to examine the d egree of privacy prote ction in the social
networking field . In this sense, we analyze the benefits of the self -regulation of the industry
as a compleme nt to the regulations.
Methodology/approach/design
–
We study the Spanish and t he European regulations
regarding per sonal data protection w ith respect to social ne tworks.
Findings –
The legisla tive regulations on thi s subject are insufficie nt due to their intrinsic
limitations in the f ield. Therefore, we should encourage the approval of good legislation
that compleme nts and fills the gaps.
Practical implicatio ns –
The advantages that are derived from the research on this subject
are useful for service providers and the public and private sectors in the information society.
Therefore, th ey are useful for society in general.
Originality/value –
This research article includes the examina tion of the general u tility of
society. The aspects that are addressed are applicable to the industry and those who use
social netw orks. The gover nment must preve nt infractions that damage consumers and/or
users.
Keywords
: Data Protection . Digital Economy. Pr ivacy. Social Networks.
Telecommun ications.
INTRODUCTION
New technologies provide numerous advantages for those who use them;
however, on occasion, certain problems arise as a result of their improper use. An
*
Full Professor . EAE Business School, Ma drid, Spain. Fellow at the University of Brasilia
Center on Law and Regulation. Address: Joaquín Costa, 41, Madrid, Spain. E -mail:
dlopez@eae.es.
**
Senior Lecturer. ESIC Business & Marketing School, Madrid, Spain. E-mail:
vargasjennypatricia@gmail.com.
***
Senior Lecturer and Associate Dean. EAE Business School. Madrid, Spain. E-mail:
ecdittmar@eae.es.
Safeguarding Privacy in Social Networks (p. 58-76) 59
DITTMAR, E. C.; JINÉNEZ, D. L.; PORTILLO, P. V.
Safeguarding Priv acy in Social Networks
.
The Law,
State and Telecommun ications Review
, Brasilia, v. 12, no. 1, p. 58-76, May 2 020. DOI:
https://doi.org/10.26512/lstr.v12i1.31238.
example in this regard relates to social networks and the potential privacy
problems that may arise.
We are in an environment in which dignity and freedom are at stake. One
must staunchly d efend privacy using the law and self-regulation . The loss of
personal data protection as a consequence of the implementation of new
technologies is intolerable.
It is not easy to provide, a priori, a definition of the concept of privacy. An
extended definition, although surpassed, was provided at the end of the 19th
century by the American judge Cooley, who pronounced that privacy is "the right
to be alone" and to be at peace (COOLEY, 1888).
The specific definition that is set forth will depend, to a great extent, on
the specific term that we use: personal data protection. The important issue, more
so than the legal designation, is th at it is a fundamental right whose content is
made u p of different instruments that integrate personal data protection with a
core that is unavailable even to legislators (LUCAS MURILLO DE LA CUEVA,
1999; GUERRERO PICÓ, 2006; REBOLLO DELGADO, 2008; McDermott,
2017). The emergence of new technologies with a marked social character—
blogs, wikis, podcasts, social networks, etc.—has created a high degree of
interconnectivity among Internet users, allowing them to exchange opinions on
different products and experiences with other people. The arrival of Web 2.0 has
been a revolution since the user possesses a new role within the medium. That is,
the user stops being a mere spectator of content and becomes one who chooses
content, participates and creates content. In summation, Web 2.0 is a more
collaborative approach that allows users to access and create unlimited
knowledge, and as a result of this interaction, new business o pportunities are
generated for companies. Given that this is the reality, we must recognize that we
are faced with a scenario that is subject to frequent privac y violations
(BORGOHAIN, KUMAN, and SANYAL, 2015; PETRUCCO, 2019). In the
present study, we limit ourselves to analy zing privacy in the field of social
networks and highlight the extraordinary virtues that self-regulation f rom codes
of conduct provide.
EFFECTS OF NETWORKS ON THE FUNDAMENTAL RIGHT TO
DATA PROTECTION
In the electronic age, there is considerable concern about the individual
right to privacy (CASTILLO JIMÉNEZ, 2002; OLIVIER LALANA, 2002;
PRIETO ANDRÉS, 2002; ADAMS, 2017). The sense of freedom that the
potential consumers have or users experience on the Internet is false and only
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