Resumen

PICHARDO FLORES, Lorena. Use of social media by public education institutions: problems and legal solutions. Estud. derecho inf. [online]. 2023, n.15, pp.115-149.  Epub 08-Nov-2024. ISSN 2594-0082.  https://doi.org/10.22201/iij.25940082e.2023.15.17473.

When public education institutions manage social media, the number and type of legal problems that are generated in this media has different scopes than those that occur in the private sphere. Most of the violations of rights due to the use of public social media are mostly unknown, their scope is not dimensioned and an irregular defense of the institution and/or the people who make up the educational community is established. The reasons are various, from the incorrect choice of the jurisdictional route to challenge a transgression to the lack of adequate tools that will guarantee nonrepetition, prevention and mitigation of effects. We affirm that in order for said institutions to be able to face the legal problems generated by the use of institutional social media, it is necessary to know the following aspects: what is the applicable law of the digital act that will terminate it (civil, criminal, administrative, labor or several simultaneously); who acts as an offender (an official, academic, student, a group of them or a person external to the institution), and what is the context in which it was left. Here the risks of social networks are analyzed, for which we study four cases of different federal public educational institutions, in order to identify the frequent legal problems, the type of collisions between rights that are exhibited in the media (right to freedom of expression, right to information, right to privacy, right to use of one’s own image, right to protection of personal data, copyright and industrial property, the employer’s right to the worker’s labor secrecy), and the updated crimes for the incorrect use of those (cyberbullying, violation of sexual intimacy and discrimination). At the same time, we present alternative solutions to the aforementioned problems, consisting of three jurisdictional solutions and one self-regulatory, sometimes concurrent: a) administrative or punitive; b) labor; c) civil, and d) self-regulatory.

Palabras llave : Social media; public education institutions; personal data; public information; damage repair.

        · resumen en Español     · texto en Español     · Español ( pdf )