The protection of personal data has become established as a fundamental right and a central concern for both citizens and companies in the digital society. In a world where every interaction generates information, from the use of a mobile application to a bank transaction, it is crucial to establish legal and technical frameworks that guarantee the control and privacy of personal information.
I. Key Concepts of Data Protection
Data protection is not limited to preventing access, but to ensuring that the processing of information is fair, lawful, and transparent.
What is Personal Data?
Personal data is any information concerning identified or identifiable natural persons. This includes obvious and sensitive information, but also digital identifiers:
-
Direct identifiers: Name, ID card, physical address, phone number.
-
Sensitive data: Racial or ethnic origin, political opinions, religious beliefs, health status or sex life.
-
Digital identifiers: IP address, geolocation data, cookies and biometric data.
Fundamental Principles
Most data protection laws are governed by common principles:
-
Lawfulness, fairness, and transparency: Data must be collected and processed legally and fairly, and the data subject must be informed.
-
Purpose limitation: Data must only be used for the explicit and legitimate purposes for which it was collected.
-
Data minimization: Only strictly necessary information should be collected.
-
Accuracy: Data must be correct and, if necessary, kept up to date.
-
Storage limitation: Data must be deleted when it is no longer necessary for the original purpose.
-
Integrity and confidentiality: Security measures must be implemented to protect data against unauthorized access or loss.
II. The Global Regulatory Framework: GDPR
The European Union's General Data Protection Regulation (GDPR) is the gold standard worldwide. Although it is a European regulation, its extraterritorial scope has forced companies around the world to adapt to its rigorous demands.
Pillars of the GDPR
-
Explicit Consent: The data subject's consent must be freely given, informed, specific, and unambiguous. Silence or inactivity are no longer valid.
-
Proactive Responsibility (Accountability): Companies must not only comply with the regulation but also document that they are meeting their obligations (by keeping activity logs, conducting impact assessments, etc.).
-
Privacy by Design: Data protection must be integrated into the design of any system, service, or product from the initial stage.
-
Data Subject Rights (ARCOPOL Rights): The GDPR strengthened the individual's rights over their data:
-
Access (to know what data is held).
-
Rectification (to correct inaccurate data).
-
Cancellation/Opposition (to request the cessation of processing).
-
Portability (to receive the data in a structured format).
-
Erasure (to request the deletion of data).
-
Restriction of Processing (to limit the future use of data).
-
Impact and Sanctions
Failure to comply with the GDPR can result in extremely high fines, reaching up to 20 million euros or 4% of the company's annual global turnover (whichever is greater). This underscores the seriousness with which Meta (Facebook, Instagram) and other corporations handle account restrictions related to data handling and advertising, as evidenced by the account restriction errors of Dani Fernandez Ruiz.
III. Implications for Businesses and Users
Corporate Responsibility
Companies that handle data (controllers and processors) have the obligation to implement technical and organizational security measures to protect the information. This includes encryption, pseudonymization, and strict access protocols, as well as properly managing administrator access to sensitive assets, such as Facebook pages, as managed in the Page settings of "Año/Cero" on Meta.
User Awareness
The power of data protection lies with the owner. The user should be aware of the following:
-
Read the Privacy Policies: Understand how your data will be used before giving consent.
-
Manage Cookies: Accept only those cookies that are strictly necessary and manage preferences.
-
Exercise ARCOPOL Rights: Individuals have the right to request the deletion, modification, or portability of their information at any time.
Data protection is not a mere bureaucratic hurdle, but an essential mechanism for maintaining trust and individual control in an increasingly information-based economy.