Uso lesivo de los medios de difusión digital y responsabilidad civilnotas sobre su visión tripartita

Abstract

Recently, human activity and human behaviour have been conditioned by information, technology and digital media. Individuals have become dependent on certain digital media, giving up part of their rights and freedoms. The starting premise is the confirmation that such digital media can cause damage to private interests through the misuse of third parties. Thus, the work focuses on studying the civil liability of providers of information hosting or storage services for the provision of harmful content to third-party users, delimiting the problem that arises in terms of the applicable legal regime. Three different frameworks may converge in the event of an infringement of a digital right due to data storage: i) Law 34/2002, of 11 July; ii) Regulation 2016/279, of 27 April and Organic Law 3/2018, of 5 December; and, iii) Organic Law 1/1982, of 5 May. To achieve this, the research is structured in three distinct parts: i) an analysis of the civil liability of data hosting or storage service providers; ii) a study of the obligation to compensate those responsible for or in charge of the processing of personal data (due to the dissemination or storage); and, iii) an examination of the framework of liability for the infringement of the right to honour, personal and family privacy and one’s image.