The protection of our personal data on Facebook and other social media
The habit of internet users who recklessly upload photos and videos of their personal moments on social media is unfortunately widespread, while texting especially at young ages tends to replace the spoken conversation. How much are we protected and what dangers do we run from our seemingly innocent habit?
According to article 9 § 1 sec. B of the Constitution, ‘The private and family life of the individual is inviolable’, and Article 19 ensures that ‘the confidentiality of the letters and free response or communication in any other way is completely inviolable. The same results from the corresponding regulation of article 8 of the European Convention on Human Rights (ECHR), which was ratified by the n.d. 53/1974 and has supra-legislative force, in accordance with article 28 § 1 of the Constitution. Finally, by Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 ‘for the protection of individuals with regard to the processing of personal data and for the free movement of such data’, which came into force and into force on 25 May 2018, protects the protection of citizens’ personal data.
Reasonably most people consider their personal life to be sufficiently protected, but some may find themselves in front of unpleasant surprises.
When prospective Facebook users accept the pre-formulated terms set in the chapter “Users and accounts to whom you share content and with whom you communicate” They must be very careful. If they choose by filling in a box during registration, that their notifications, posts or messages, through Facebook products, will be public, this information will be accessible and visible to everyone, inside or outside Facebook products, even if they do not have an account. In this way, when a personal photo or publication is shared even if it concerns our sensitive personal data or a message is sent to specific friends or accounts, they in turn can download, create screenshots or re-share that content to others within or except for Facebook products.
The Mixed Jury Court of Heraklion, with its decisions numbered 8-9 and 12-21/2019, allowed the use of personal photos publicly posted on Facebook, as evidence in the trial, on the grounds that the user had given them express consent and had accepted the possibility of every other user or not, to access Facebook products, ‘download’, save, redistribute and ultimately use these photos as they wanted. According to the Court’s reasoning, since privacy has been widely publicized it ceases to be worthy of protection by the Personal Data Protection Act.
Similarly, the Athens Magistrate’s Court also ruled by the 5551/2019 decision, rejecting an application to be subject to the provisions of Law 3869/2010 on over-indebted households, after taking into account his judgment public Posting of photos of the applicant on Facebook.
That’s why, in addition to being careful where we put our signature, we must also be careful what we publish on Facebook, Instagram and other social media.
By Panagiotis Georgiadis
Attorney at the Supreme Court