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Sunday, November 12, 2017

THE GOVERNMENT WILL ELIMINATE THE TACIT CONSENT IN THE USE OF DATA



Due to the European idea of ​​unification of Internet legislation in all member countries, the government has decided to adapt the legislation in force in our country in terms of online data processing, and that as of May 25, 2018, web pages should explicitly ask users about the use of their data.

The new regulations will also advance the age for the consent of data processing up to 13 years, in addition to excluding the tacit consent. The draft law, includes the duty of confidentiality, something that also does not close with the death of the person, if not that the treatment of the data of the deceased will be based on the desire of his heirs.

In addition to this, for the treatment of any type of information, the principle of transparency is added, in terms of the rights of those affected to be informed about the use made of their data, and expressly contemplates the rights of access , rectification, deletion, right to limitation of treatment, as well as portability and opposition.

To avoid discrimination, the law will also contemplate the prohibition to store data of special protection, such as ideology, union affiliation, religion, sexual orientation, racial origin and beliefs and that although the user of his consent, the data can not be used.

Victor Domingo, the president of the Internet Association, explained that although the bill does not address the treatment of the platform that has its headquarters outside the EU, which prevents access to them to have control over our data. In addition, criticizes that no fines or compensations for the disorders that may cause the misuse of data, since they are a business element today.

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