Recently, the creator of Facebook, Mark Zuckerberg, has testified to the American senators about the leaking of information from the users registered on the platform. In more than 5 hours of testimony, he needed to explain how the social network reacted to the data leakage of 87 million of users by the political consultancy Cambridge Analytica.
The scandal has caused changes in the social network, which promised to maintain a more direct relationship with the user in the advertising aspect. They have declared that they will change their policy of accessing users ‘ information, and they’ll ask for explicit consent from the Internet. This covers targeted advertisements, which can be published in their profiles, the storage of information considered sensitive in the network database, and the use of facial recognition technology.
“It is up to the service to present to the user all the necessary clarifications and rules for the full use of their platform, preventing or minimizing the risks of lawsuits, in addition to avoiding wear and tear between the parties,” says Edgard Lata, lawyer Specialized in business law.
Internet Civil Landmark: measure to protect the user?
It was not long ago that the Civil framework of the Internet (law 12.965/14) was widely discussed by the executive and legislature of the country, as a way to regulate the laws of the virtual world. The Marco clarifies the rights and guarantees of the user, such as access to clear and complete information on the use of personal data, which can only be disclosed with express authorization from the client.
When we talk about a website or a social network, for example, we need to consider the capacity of millions of people enjoying the service at the same time. “Therefore, it is necessary to have this regulation. When the user reads the contract, he takes notice of what is allowed or not. Because of this, it becomes able to decide whether to accept what the site proposes and has the freedom to not be surprised with possible consequences of an attitude that could infringe the terms, “scores Maira Hess, expert in digital marketing and Civil landmark of Internet and founding partner of Marketing Buzz Station.
‘ But I swear I didn’t know! ‘
Have you ever heard that it is possible to get rid of a problem by claiming that you did not know the rules previously? Well, you should know that, legally, that’s not possible. Art. 3 º of the law of introduction to the norms of Brazilian law brings the prohibition of breach of the law on the basis of their ignorance.
“Accepting the terms without having read it is ‘ You sell your soul ‘. Aside from the prank, the truth is that you are signing a blank cheque, which allows you to use your data in ways you have no idea. It is important to know what the term of use of that technology has chosen and if its information will be protected, “concludes Cristina Sleiman, a lawyer who specializes in digital law.
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