Data
wiping OF
PERSONAL
DATA form Computer
The right of cancellation is one of the rights that
the Organic Law of Protection of Personal Data (LOPD) recognizes citizens so
that they can defend their privacy by controlling the use made of their
personal data, and in particular , the right to have these deleted when they
are inappropriate or excessive.
Its
exercise is very personal, so it can only be requested by the interested
person, who must contact the company or public body that knows or presumes that
it has your data, indicating what data it refers to, and providing the
documentation that justifies it. Of course, this right can be exercised with
respect to data that is stored on any type of medium.
Virtual
identification is the set of data that allows us to sufficiently differentiate
ourselves from other people in a specific field. These data are usually
the name, surname, photographs, date of birth. It is practically essential to
identify yourself in social networks such as Facebook or LinkedIn, whose main
objective is to relate and allow other users to identify you and share certain
information with them, in the case of the first network, for leisure reasons,
in the second for professional reasons.
WHAT IF I WANT DATA wipe of digital data?
The
right to be forgotten is the way to be able to eliminate all that information,
which you may even have spilled yourself. It is about exercising the right
to cancel personal data that current legislation already recognizes.
It
is true that as users we are the first responsible for the content that we
upload to social networks. However, whether it was you, whether they
published legal and true data about you, this does not imply that they have to
remain on the network forever.
The
right to be forgotten opens up possibilities to erase our digital presence,
sometimes uncontrolled due to the multiple borders it crosses, both territorial
and, above all, temporal.
The
new General Data Protection Regulation that entered into force on May 25, 2016,
introduces new elements, such as the right to be forgotten and the right to
portability, which improve the decision-making and control capacity of citizens
over data. personal entrust to third parties.
The right to be forgotten is presented as the
consequence of the right that citizens have to request, and obtain from those
responsible, that personal data is deleted when, among other cases, these are
no longer necessary for the purpose for which they were collected, when consent
has been withdrawn or when these have been collected illegally. Likewise,
according to the ruling of the Court of Justice of the European Union of May
13, 2014, which recognized for the first time the right to be forgotten now
included in the European Regulation, it means that the interested party can request that they be blocked in the results lists from search
engines the links that lead to information that
affects you that are obsolete, incomplete, false or irrelevant and are not of
public interest, among other reasons.
AND WHAT HAPPENS TO THE DATA WHEN A PERSON DIES?
When
a person passes away, not only do you have to worry about the direct
repercussions in real life, you also have to decide about the repercussions in
the network.
The
Internet has become an almost essential communication tool for millions of
people, very attractive and interesting, among other advantages, because the
services they offer are free. But that easy accessibility is precisely
what causes the problem to arise when it is not a matter of entering data, but
of deleting it, as for example, in the case of the death of a person.
Every
day 10,000 deceased Facebook users receive a friend request or are tagged in
photos. The social network begins to implement mechanisms to create a kind of
online will and has added an option to its configuration menu that will allow
users to record whether they want their profile to disappear when they die, or
if they prefer that any of their contacts take care of him
Of
course, if the deletion is not carried out, we have one of the most restrictive
laws in the world in terms of data protection (Spain is one of the countries
where people's privacy is "more or better" protected), and with an
organization (the Spanish Agency for Data Protection) that ensures that our
rights are made effective.
But the problem does not occur when a user
asks the owner of a social network to cancel all their information, but rather
when that information has passed from one network to another, crossing
technological and geographical borders. It is then that our right to
cancel data becomes a huge task of desperate search, resulting in most cases in
the practical impossibility of permanently eliminating our footprint on the
Internet.
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