Use of personal data without consent

The use of new technologies, mainly Internet has resulted in the use and disclosure of personal information, you should know that no one can use or disclose your personal data without your authorization.

In case this unauthorized disclosure leads to identity theft, fraud or sexting, we invite you to read the contents related to these crimes to act immediately.

To date, the INAI (National Institute of Transparency, Access to Information and Protection of Personal Data) has fined individuals and companies for the misuse of personal data, for a total amount of 263 million pesos.

In this link you can consult a national survey conducted by the INAI in 2012 regarding the protection of personal data in companies that carry out electronic commerce.  Read the document here.

On many occasions we find our information published on the Internet or social networks without our authorization, in particular personal data such as name, address, photograph, professional license, email, etc., in completely unknown sites or those we never authorized to do so.

What happens when someone shares personal information without authorization?

If the individual or legal entity discloses this data, it may be subject to a fine of up to 25 million pesos and if it also violates a database and profits from this information or treats such information by deceiving or misleading the owner, it may also be subject to a criminal sanction of up to five years in prison, which may include a …

What are the risks of sharing personal information?

Users of social networks that share more information are more likely to suffer data loss compared to those that do not. Of those who share data, about 50% have suffered data loss on their smartphones, 52% from their computer and 20% from their tablet.

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How can personal data be protected?

Don’t share other people’s private information without their knowledge and don’t spread material to harm someone else. Never give your passwords or access codes to other people and change them frequently. Limit the number of personal documents you carry with you. Avoid identity theft.

Disclosure of personal data

The ‘right to privacy’ refers to freedom from intrusion or disturbance in one’s private life or personal affairs. All research should outline strategies to protect the privacy of the subjects involved, and also how the researcher will have access to the information.

The concepts of privacy and confidentiality are related but not the same. Privacy refers to the individual or subject, while confidentiality refers to the actions of the researcher.

There are many ways to obtain consent from your research subjects. The form of consent affects not only how you conduct your research, but also who can have access to the personal data you hold.

Informed consent is when, prior to obtaining consent, you describe to the research subject what you are going to do with his or her data, who will have access to it, and how it will be published.

Confidentiality refers to the researcher’s agreement with the participant about how private identifying information will be handled, managed, and disseminated. The research proposal should describe strategies for maintaining the confidentiality of identifiable data, including controls over the storage, handling, and sharing of personal data.

When can personal data be transferred?

The RGPD states that the transfer of personal data to third parties will be considered when “the treatment responds to the free and legitimate acceptance of a legal relationship whose development, fulfillment and control implies a necessary connection of the processing of third party files”.

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What to do if someone uses my personal data?

Report it to the National Directorate for the Protection of Personal Data of the Agency for Access to Public Information or file a legal action for Habeas Data.

What are the risks of personal data on social networks?

“These data are used by hackers who profile the person and, by means of social engineering, extract the rest of the information to obtain our passwords and, from there, not only annihilate us digitally but also generate economic losses,” he denounces.

Patient confidentiality

The personal data of users who use our web channels are stored in their corresponding data banks, which are registered with the National Authority for the Protection of Personal Data.

The users have a series of rights on their personal data contemplated in the legislation of the matter, which can be exercised at any time depending on their will, which are mentioned below:

In case you consider it necessary, you can send a request to exercise the rights that Peruvian law grants you in relation to your personal data (see section “Information rights, revocation and ARCO rights”) or you can make a query if you have any questions, observations or comments about the processing of your personal data.

What is the transfer of data?

The transfer of data is that communication, sending of information, of personal data that occurs between a Data Controller located in Colombia and another Data Controller located inside or outside the country. …

What is a third party in data protection?

The RLOPD defines this figure as: “The natural or legal person, public or private, or administrative body that, alone or jointly with others, processes personal data on behalf of the data controller or the controller of the file, as a result of the existence of a legal relationship that binds him or her to …

What is data processing?

Processing” of personal data refers to any operation performed on such personal data (whether those operations are automated or not).

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Confidentiality of information examples

The concept of the right to privacy is related to that of the right to intimacy. However, privacy refers to the right of every person to decide what aspects of his or her private life he or she wishes to share. The RAE defines privacy as “the intimate and reserved spiritual zone of a person or group, especially of a family”.

The right to privacy is one of the rights enshrined in the Universal Declaration of Human Rights. Therefore, it is a fundamental right, inherent to the human being, independent, non-transferable and inalienable.

Although it is a fundamental right, the truth is that privacy is not an absolute concept. There are cases in which this right can be limited, for example, for the application of the pertinent control or security measures by the authorities.

For example, let us imagine that prison authorities enter prisoners’ cells in search of prohibited substances. In cases such as this, intrusions into the privacy of individuals must always be justified and proportionate to the benefit they may bring.

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.