Pogledi Informacijskega pooblaščenca na izzive varstva zasebnosti pri objavljanju pravnih vsebin na družbenem omrežju

slovenian

2024

volume 50, issue 6/7

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The phenomenon of social media has created new challenges for the protection of privacy, which include both personal data protection under the supervision of the Information Commissioner and the protection of a wider scope of privacy and personality rights founded on Article 8 of the ECHR and Articles 7 and 8 of the EU Charter of Fundamental Rights under jurisdiction of the courts - the main being the issue of legal categorisation and nature of data publications depending on target audiences and multi-layered forms of processing of personal data. Enforcement of these rights is particularly complex due to sometime untransparent and very differentiated types of processing by various stakeholders - from social media providers to other subjects which use social media for business purposes. The main challenges are the delimitation of roles and competences between data controllers, joint controllers and data processors, and interpretation of legal grounds for further processing. The later includes among others digital behavioural marketing and profiling, as well as legality and legitimacy of business models based on further processing of personal data. At the EU level, these challenges are being addressed through the reform of regulation and legal framework of the following fields: protection of personal data, digital markets and digital services, data management, artificial intelligence and media freedom. Emerging challenges stemming from the nature of social media are creating a unique boom for privacy protection and in particular data protection. An optimistic natural development of data protection law would bring explanations and application of existing rules tailored to the needs of modern technology in particular with regard to the definition of personal data, anonymisation, fundamental principles defined by Article 5 of the GDPR and legal basis defined by Articles 6 and 9 of the GDPR. It seems that adequacy of these explanations and applications will determine whether speedy development of various systems of artificial intelligence will be human friendly or not.

08.12.2025