The document covers conduct in which the sharing of personal information through internet services may constitute the commission of a criminal offence, such as the discovery and disclosure of secrets, threats, harassment, or gender-based violence.
The manual, presented by the Agency's Director at an event alongside the Senior Public Prosecutor on Cybercrime, Elvira Tejada, provides guidance both on how to avoid engaging in conduct that could be criminal and on how to avoid becoming a victim of such conduct.
The document is accompanied by ten information sheets that define behaviours such as sexting, grooming, and cyberbullying, providing information on their consequences and advice on what to do when facing these situations.
(Madrid, 10 May 2018). The Spanish Data Protection Agency (AEPD) today presented the manual "Data Protection and Crime Prevention", at an event led by the Agency's Director, Mar España, which also featured the participation of the Senior Public Prosecutor for Cybercrime, Elvira Tejada. The aim of this document is to provide information about the consequences of sharing personal information without consent through online services, as well as to give guidance on how to avoid engaging in conduct that could constitute a criminal offence and on how to avoid becoming a victim of such conduct.
The evolution of new technologies and the intensive use of mobile devices, social media, and instant messaging bring undeniable advantages for users, but they have also become a channel for the proliferation of conduct that may not only constitute a breach of data protection regulations, but also the commission of a criminal offence — sometimes without the perpetrator even being aware of it.
The use of personal information — both one's own and that of others — in the context of social relationships or the planning of activities is a common practice among users of online services. In this context it is relatively common for information, photographs, videos, and audio files to be shared that affect people who have not given their permission, and even for excessive personal information to be shared online. For this reason, the AEPD has identified the need to produce a text covering the conduct in which the use of personal information through internet services could constitute a criminal offence, such as the discovery and disclosure of secrets; threats; coercion; harassment; slander and libel; gender-based violence; offences against sexual freedom and indemnity; identity theft; hate crimes; fraud; or computer damage.
In addition to describing the various forms these crimes can take, the document includes two specific sections covering aspects to bear in mind regarding "How to avoid committing crimes" and "Tips to avoid being a victim". It also includes various materials with information on safe browsing and how to exercise rights in relation to personal information, as well as different resources to which victims of a crime or a breach of data protection regulations can turn for information or to file a complaint.
The manual is complemented by ten educational information sheets that define behaviours such as sexting, grooming, and cyberbullying, providing information on their consequences and advice on what to do when facing these situations.
Useful materials
The Agency also presented the guides "Be Legal Online", aimed at young people, and "Teach Them to Be Legal Online", for family members, teachers, and people close to minors, which provide useful guidance and tips to help prevent minors from committing crimes or facilitating their commission by third parties without being aware of it. These materials are available on the AEPD's "You Decide Online" portal.
