This week I was listening to an interview with a top manager of tiktok, (short video sharing platform) , for Latin America, when asked about privacy rights, regarding a video that went viral on the networks, about an employee who records her boss without him noticing, he speaks ill of her, the girl user of this platform uploads them to Tik Tok without the obvious consent of the boss, and the executive replied that what is sought is the safety of the users, and that we should review their policies, which are very clear in that regard; her position was evidently, to evade the question regarding the rights of privacy, honor, and rectification, which in Mexico we know in our laws as Arco rights.
In Mexico, we have more laws in this area, such as the recently approved Olympia Law, or the Federal Law for the Protection of Personal Data, among others.
The directive, like most of the employees of the big platforms and applications, evade this type of questioning in interviews because they know they are breaking the laws, but it is a fact that they do not know them either.
In this space I have insisted a lot that for all these large technology consortiums it is easier to evade the laws and violate them, even pay very high fines, than to adhere to and respect the statutes and local laws in each country. By doing so, it is a fact that they could not obtain the high economic amounts of profits they obtain, from the sale of databases, among many crimes they commit, when trafficking in user data.
The consent seen from the legal point of view is a concept of fundamental rights, said by the Supreme Court of Justice of the Nation (SCJN):
Consent is the agreement of two or more wills intended to produce consequences or ends of interest, in the celebration of any agreement and contract. It is a mutual contest of the will of the parties, in general more than 90 percent of the users of the large networks and social platforms do not read their adhesion contracts when reading the accounts, and do not know that their will in the consent should be respected by law.
Another unapplied consent issue that comes to mind is like one day, suddenly on my servers TELMEX I saw how the 5G network began to operate, something that I did not want, it worked perfectly with the 4G, however, my opinion does not matter and more so when services and/or accessibility of certain applications are conditioned to having this network connected; as it happens with the Iphone or even Android Suddenly one day you get a notice this phone “Does not have a SIM card”, if it has but you have to put your 5G network or it does not recognize it.
So while environmentalists debate about the harmfulness of this 5G network, and while legal forums debate the issue of the use and protection of personal data and others write about these issues, telephone companies and technology platforms continue to earn millions. in profits, regardless of regulatory and legal frameworks. Suggestion dear readers, when you sign a contract with a telephone company and/or technological platform, make sure you read the entire contract in detail, in one of those, perhaps, you can sue one of these technological giants for violations of your most fundamental rights.