How to protect your privacy after Supreme Court recent ruling

By Aguayo, Ecclefield & Martínez (AEM Law Firm)

In March 2017, the Supreme Court of Chile validated the use of Facebook information as evidence before a court, as long as its part of the "public" profile of a user. The ruling rejected an appeal filed by the defense of a band responsible for a series of robberies, whose profiles, photos and list of Facebook friends were used by the police in the investigation.

"The resolution states that any information uploaded to Facebook under a public profile can be used by any person or institution, and is as open as a blog or an online advertising. That leaves the information and the person who uploads it outside the shelter of article 19 of the Constitution and Law Nº19,628", said Ignacio Martinez, partner of Aguayo, Ecclefield and Martinez law firm.

Article 19 assures to all persons the respect and protection of private life and the honor of the person and his family, while Law Nº19,628 focuses on the protection of private life. "The legal framework in Chile is completely outdated because it does not have mechanisms that correctly protect personal data, nor does it contemplate clear sanctions against those that infringe it", said Martínez.

That's why the IP specialized lawyer gives five simple ways for users to protect their personal information on Facebook: 

-Do not upload sensitive information such as personal address, Taxpayer Identification Number (TIN) or vehicle registrations. 

-Do not upload information when your house is alone or while your are on vacation. Better do it once you returned! Thieves also use social networks.

-Be careful about what your children upload. Explain to them that social networks are open spaces so they should take privacy precautions. 

-Avoid uploading information about the life of your children, such as school timetables or places they frequently visit.

-Do not upload any images that could harm friends or family members. Those images could be forever within reach of anyone that may want to misuse them.