Friday, August 3, 2012

Internet data processing


Data Protection rights of privacy and search engines.

Search engines are also responsible for processing the personal data of users.

The Spanish Agency for Data Protection (AGPD) has made a report and issued a public communication in establishing a coherent position on the issue.

(This news release and the report can be downloaded here: https://www.agpd.es/index.php)

So, like all editors are responsible for their content in accordance with the Law Society Services and LSSI information under the Data Protection Act LPD, search engines are too.

Among the report's findings highlight the number 7 which reads "it is necessary to limit the use and storage of personal data and the number 8 that says literally" search services are obliged to respect the rights of cancellation and opposition of people whose data are indexed from other Web pages in its search function. This means that any natural or legal person may object, in certain circumstances, your data is indexed and leave in certain searches.

Previously, the report notes that there is no uniform policy on privacy by search engines, it is ineffective and should be more guarantees and the urgent need to develop clear and visible reporting mechanisms that allow users to know which will be the use of their personal data.

It also noted that hunters should limit the retention periods of data users.

So far the searchers came to defend, in national and international level, their lack of responsibility under that limit themselves to find and return information in the network, but the responsibility lies with the editors.

For other data users, their justification has been provided that are saved to better service and user experience.

The position of the Spanish Agency for protection of data opens up a debate between the rights to freedom of expression and the right to privacy, constitutional both in Spain and included in the Universal Declaration of Human Rights, and find the proper balance between rights .

No doubt this approach is consistent with the approaches of other countries in the same direction and will have consequences in areas of national and international laws affecting data protection, new technologies, protection of personal privacy honor and image, and even criminal and can have many consequences in the way of working of search engines, their algorithms and indexing systems and its own development policy.

Benjamin Nicolau

www.ebame.com

Lawyers, lawyers.

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