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Wednesday, 08 April 2015 10:25

Grow legal consultation of citizens on Internet

Increased Internet activity triggered doubts and legal problems that users face in their daily lives, from identity theft to claims for purchases.

The daily use of the Internet has brought a series of legal risks that citizens often unknown, which has led to legal consultations on this area have grown exponentially in recent years.

This is evidenced by the data handling customer inquiries Legálitas. Among the most frequently asked questions compiled by the firm of legal services, the vast majority are related to the use of social networks, with the publication of photos of the most recurrent issues.

  • You can denounce a known for posting photos on Twitter dinner without your permission?

In principle, there is a disclosure of secrets, so you can not go to criminal proceedings. Of course, it should take into account that the image of a person is a personal thing, so you can ask us to withdraw based on the rules of data protection.

  • What is the procedure to withdraw some pictures that someone has gone to a contact page without my consent?

The website is responsible for what is published in it once you know the situation. The first is to contact the site administrator via the contact means made available to users, considering that a photograph is a personal thing, so it should exercise the right of cancellation against the website. If there is no response, you may appeal to the Spanish Data Protection Agency.

  • What if I insult in an Internet forum?

Again, head to the forum responsible for acting so you know that they are damaging rights of third parties liable for compensation. You can go to criminal proceedings if the insults were of such a nature that would constitute a crime or misdemeanor or civil proceedings, to defend the honor and image, and even to seek compensation for damages.

  • Spoofing is another recurring theme. What do I do if posing for me on Facebook?

The conditions of use of this social network do not allow impersonation, so, if it is shown to the DNI for example that the identity is being impersonated must act. To do this, head to the company through the mechanisms available to users and report impostor profile. Ultimately, you can assess the possibility of filing a complaint.

  • And if they buy a phone and enlisted a line over the Internet using my data?

It could be a crime of usurpation of civil status, and a crime of forgery in medial contest with a crime of fraud. Regarding the telephone company, the first thing is to order the return bank charges and file a claim reporting falsehood. Should request a copy of the recording or the contract supposedly signed to verify the signature, and report criminal complaint, demanding the immediate withdrawal. It is the company that must prove the existence of a valid contract.

  • How to claim a problem with a purchase made online?

It should be a written record of the complaint. If no response, the complaint may be directed to consumer organizations, whether it is a company with domicile or permanent establishment in Spain or the European Union. Out of that, the claim is complicated because it would be directed to administrative agencies or courts where that business is located.

  • What information should contain a website to make sure it is legal and safe?

If a page to buy or hire a service, we must look at whether it meets the standards of e-commerce and data protection, among others. Should contain, for example, a privacy notice where it clearly identify who is behind the web with name or company name, tax identification number, address, email, etc. They will have to carry a clear and understandable data relating to the item, such as price, payment, delivery, period of validity of the offer, etc.

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