Propuestas de regulación frente a una nueva brecha digital por razón de género: ciberviolencia contra la mujer a la luz del marco europeo de protección de datos

Research to date confirms that women and girls are the main victims of the most serious displays of NICT-facilitated violence. Therefore, to the unfortunately-common inequality between men and women we have to add what we have called the “gender digital divide”, understood as the transfer of inequal...

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Bibliographic Details
Main Author: Martínez López-Sáez, Mónica
Format: Article
Language:Spanish
Published: 2021
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8202518
Source:Revista de Estudios Jurídicos y Criminológicos, ISSN 2660-7964, Nº. 4, 2021, pags. 211-233
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Summary: Research to date confirms that women and girls are the main victims of the most serious displays of NICT-facilitated violence. Therefore, to the unfortunately-common inequality between men and women we have to add what we have called the “gender digital divide”, understood as the transfer of inequalities, stereotypes and violent acts suffered by women (simply because they are women) to the digital sphere. Among the various behaviors included, this paper has dealt with two specific cases of cyber-violence (specifically two cases of sexualized digital violence) against women from a data protection perspective and in light of the favor libertatis principle. In the context of personal data processing, there are numerous scenarios that allow for strengthened protections for women regardless of whether or not the conduct carried out is a criminal offense and especially taking into account the obstacles or delays in putting in place effective mechanisms in the police and judicial context. We analyze the various data protection principles and propose different gradations of the right to be forgotten, not only as a guarantee of informational self-determination and female empowerment, but also as a necessary guarantee for effective equality and for the recovery of the most frequent trauma of 21st century women.