Víctor Salgado Seguín is an expert with more than twenty years of experience in IT legal consulting and implementation of personal data protection regulations. In 2000 Víctor Salgado was included in the list of Experts of the European Commission to evaluate Research and Development Projects related to the Information Society. In 2008, he obtained the “EuroPriSe Expert Certificate” of the first European Privacy seal sponsored by the European Commission. In 2009, it has been recognized with the “European Certificate on CyberCrime and e-Evidence” also sponsored by the European Union.
Today at Pinngle we are happy to talk with Victor about ICT rights and .
Pinngle: Nowadays one of the main ICT rights of a person is to be informed. Pinngle is an application that works even with a poor Internet signal and in countries, where other instant messaging apps are blocked. In addition to being a very convenient way to make calls and send messages, we have opened Public Channels, where everyone can receive news of any topic of interest. Do you think that these means can help people around the world to exercise their right of access to information? What legal measures do you recommend to improve the accessibility of information at a global level?
Víctor: Indeed, we cannot forget that freedom of information is a fundamental right enshrined in Article 20 of our Constitution [Spanish Constitution] and it is essential in any modern society. Unfortunately, the digital divide that still exists in much of the world as well as the proliferation of regimes that try to control and even impede the right to freely emit and receive accurate information through new technologies (not to mention the “fake news”), make hugely opportune and necessary services like the one that Pinngle provides.
Pinngle: Internet security professionals are now very concerned about the frequency of data theft in the world. What is your opinion?
Víctor: Without a doubt, this is the main bone of contention in the 21st century. The technological security, at a time when information and personal data circulate and are stored, almost entirely, in digital format, becomes an imperative that no one can ignore.
Like traditional security, technology is not infallible either, but we have a legal obligation to adopt it in a proportional and phased manner, given the greater or less sensitivity of the information and data we handle. Particularly, before the next entry in application, on May 25, of (EU) Regulation 2016/679, of the European Parliament and of the Council, of April 27, concerning the protection of physical persons with regard to the processing of personal data and freedom of movement of these data and by which is repealed Directive 95/46/EC (General Data Protection Regulation – GDPR), with penalties of up to 20 million euros, or 4% of turnover, in the case of not fulfilling it.
Pinngle: What do you think, what are the most dangerous threats to the security of personal data on the Internet today, and how can we protect ourselves from them?
Víctor: Today we are witnessing a real proliferation of ciber attacks on the security of personal data. From the so-called “ransomware”, which encrypts our hard drive and “hijacks” the data with the rescue request, to all types of viruses and spyware that destroys or monitors our data and communications.
All of them are dangerous and threaten our fundamental rights to privacy, to our own image or to the privacy, among others. The best way to protect ourselves is to adopt security measures, such as the frequent updating of our programs and operating systems, the installation of a good antivirus or the making of frequent security copies.
Of course, if we are victims of one of these attacks, it is important to defend our rights and denounce it, in addition to the duty to notify the Spanish Agency for Data Protection, within a maximum period of 72 hours, starting from May 25, with the cited entry in application of the GDPR.
Pinngle: People have been fighting for freedom of expression for decades. Despite this, even now, in some countries during times of political and social instability, many messaging and mobile applications are blocked or are out of service. Do not you think that this is a violation of the human right to free communication and expression?
Víctor: Definitely. As we have said, freedom of expression is a fundamental right contained in Article 20 of our Constitution and in many international declarations and treaties, as well as essential in any modern democratic state. This freedom, of course, is not absolute and, at specific moments, it may yield to other fundamental rights, such as the right to honor or privacy, but never before the unjustified caprice of a ruling class, as unfortunately happens in many cases. We should take great care to ensure that this does not happen, and if it is necessary, denounce such actions.
Pinngle: Pinngle is the only application, which works on a serverless basis and never stores its users data. What is your opinion about this type of technology, particularly with regard to the “right to be forgotten” on the Internet, approved since 2014 by the Court of Justice of the European Union?
Víctor: It seems very positive to me that applications such as Pinngle escape the prevailing business model in the internet, which is characterized by the massive storage and exploitation of the data of its users for commercial purposes and the extraction of profiles. The Judgment of the CJEU [The Court of Justice of the European Union] of May 13, 2014, marked a before and after in this regard not only recognizing the aforementioned right to oblivion but, even more important, that European data protection legislation could be applied to foreign suppliers who, like Google or Facebook, were covered by a much more permissive legislation in that area.
Pinngle: In each country there are national regulations, which differ from each other. When someone contacts from Spain to recipient in another part of the world (for example, in Venezuela), how can s/he know, that her/his online privacy is protected? Does the general data protection regulation, accepted in European countries, work in this case?
Víctor: As we have said, the current regulations and, most especially, the future GDPR will apply not only to suppliers established in the EU, but also to those other foreigners who deal with European data and develop an activity in Europe. With this premise, it does not matter where the users are physically located in the world because such providers must submit to said legislation and protect personal data with the same level and rigor.
Pinngle: How do you see future developments in the field of computer law so that each person can feel safe in the virtual world?
Víctor: Humanity faces major challenges in the coming years. Technologies such as robotics or artificial intelligence will divide our history into ‘before and after’ and we must regulate preventively to leave out the main dangers and risks of technological progress and stay with its great advantages and opportunities. Future generations will judge us by that.
