THE CONCEPT AND LEGAL NATURE OF THE ACCOUNT IN SOCIAL MEDIA
Journal Title: Часопис цивілістики - Year 2018, Vol 30, Issue
Abstract
In this article the concept and the legal nature of accounts in social media are defined. Approach to a legal regulation of the relations connected to accounts in social media is defined. It is noted that in legal regulation of the relations connected to accounts standards of the contract law (terms of use developed by social media), intellectual property rights, regulations on protection of privacy of the person, property rights are crossed. Components of accounts in social networks are distinguished. It is offered to distinguish in structure of accounts such elements as a user name and a password, information on the page posted by the user, correspondence, personal data. In certain cases it makes sense to separate subscribers in the structure of the account. The correlation between accounts in social media and web pages is also analyzed in the article. The question of responsibility of the user for information posted on his page in social media is considered. The conclusion is drawn that violation of intellectual property rights due to the fact it was posted on user`s page in social media without permission leds to the responsibility of the user not of the owner of the website. The problem of qualification of personal data as kind of the property right taking into account foreign jurisprudence and provisions of GDPR (General Data Protection Regulation) is analysed. It is noted that some provisions of GDPR concerning rights of the personal data owners to demand their removal, copy, a possibility of data transmission from one controller to another, given the chance to some researchers to speak abou possibility to consider personal data as a type of property. However the developed jurisprudence and the detailed analysis disprove an opportunity to qualify personal data as a kind of property. The conclusion is drawn on a possibility of qualification of accounts in social media as forms of storage of information and as special object of the property right. The question of emergence of a special type of the property right – the so-called right of virtual property is brought up.
Authors and Affiliations
Катерина Георгіївна Некіт
Keywords
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