Privacy and social media—this is not a great start, as we are not used to handling much privacy when it comes to using the internet (especially at home, but also in corporate environments). Of course, we can make good use of the internet, but to do so we must understand certain concepts that do not originate with the use of new technologies. We are referring to psychological concepts within our spheres of action, which must be properly understood, internalised, and put into practice.

These spheres are like the layers of an onion: the more personal and less visible something is, the more layers of privacy and security I must apply.

WHAT IS PRIVACY?

Privacy can be defined as the sphere of an individual’s personal life, in which they develop within a reserved space that must be kept confidential. It also applies to the quality of being private.

As the English term privacy derives from the Latin privatus (privacy), many criticise the word’s recent incorporation into the Spanish language; for this reason, it is rejected and labelled an Anglicism, arguing that the correct term is intimacy. Others, however, accept it as a valid linguistic borrowing.

European legislation

European Directive 95/46/EC of 24 October of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data.¹

National legislation in European countries

Spain

Article 18 of the 1978 Spanish Constitution establishes:

1. The right to honour, to personal and family privacy, and to one’s own image is guaranteed.

2. The home is inviolable. No entry or search may be carried out without the consent of the occupant or a judicial decision, except in cases of flagrante delicto.

3. The secrecy of communications is guaranteed, especially postal, telegraphic, and telephone communications, except by judicial decision.

4. The law shall limit the use of information technology in order to guarantee citizens’ honour and personal and family privacy, and the full exercise of their rights.

SOME RECOMMENDED READINGS

OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data

The development of automatic data processing, which enables large quantities of data to be transmitted across national borders—and indeed across all continents—in a matter of seconds, has made it necessary to take the protection of privacy in relation to personal data into account. Privacy protection laws have been introduced, or will be introduced shortly, in approximately half of the OECD member countries (Austria, Canada, Denmark, France, Germany, Luxembourg, Norway, Sweden, and the United States have passed laws; Belgium, Iceland, the Netherlands, Spain, and Switzerland have prepared draft bills) to prevent what are considered violations of fundamental human rights, such as the unlawful storage of personal data, the storage of inaccurate personal data, or the misuse or unauthorised disclosure of such data. On the other hand, there is a risk that disparities in national legislation could hinder the free flow of personal data across borders; these flows have increased considerably in recent years and are expected to grow even further with the widespread introduction of new information and communications technologies. Restrictions on these flows could cause serious disruption in important sectors of the economy, such as banking and insurance. For this reason, OECD member countries consider it necessary to develop guidelines that help harmonise national legislation and privacy, while at the same time safeguarding such human rights and preventing disruptions to international data flows. They represent a consensus on basic principles that can be incorporated into existing national legislation, or serve as a basis for legislation in countries that do not yet have it. The Guidelines, in the form of a recommendation by the OECD Council, were developed by a group of government experts under the chairmanship of the Honourable Mr Justice M. D. Kirby, President of the Australian Law Reform Commission. The recommendation was approved and entered into force on 23 September 1980. The Guidelines are accompanied by an explanatory memorandum intended to provide information on the discussion and reasoning underlying their formulation.