Data protection in Latin America

istockphoto 913017342 612x612Between december 2019 and november 2021, we will be conducting the field and documental research Authorities and data protection in Latin America: the social and institutional concept of privacy and of personal data (FAPESP). The research project will be coordinated by Professor Alexandre Veronese (Law Faculty/University of Brasilia).

Various countries of Latin America have national legislation on personal data protection and authorities that ensure said protection. The present project proposes gathering that information in order to understand how these authorities act in neighbor countries, in a context in which Brazil has just approved legislation on the theme (Law n. 13.709/2018) and will need to implement its authority. We seek to map data not yet compiler and to understand regulatory models. Data collection and analysis methods used will include: (1) historical documentation gathering of the approval of local legislation and the creation of authorities or public agencies; (2) comparative judicial analysis of national legislations; (3) field visits to understand intitutional capacities of the authorities created, as well as their practices from their manager's report. Of the 20 countries in Latin America, we intend on making field visits in the following 7: Argentina, Mexico, Uruguay, Colombia, Chile, Panama and Peru, all of which have laws and authorities of protection implemented. The theoretical problem is divided into two questions. The first one refers to the institutional differences amongst the various countries, the ways or organizing their data protection systems. We will measure if there is influence from the European model and if there is mutual influence between Latin-American countries. The European model is consolidated by the Directive 95/46/CE, of 24 oct. 1995, currently substituted by the General Data Protection Regulation (Regulation EU 2016/679, of 27 apr. 2016). The second question refers to the cultural practices and their relationship to data protection action. 

Assunto(s): Internet law; Legislation (law); Lei Geral de Proteção de Dados Pessoais; Personal Data Protection; Right to privacy; Latin America, Qualitative research.

Research Coordinator: Prof. Alexandre Veronese (FD/UnB)

Associated Researchers: Prof. Rebecca Lemos Igreja (FD/UnB), Prof. Alessandra Silveira (Universidade do Minho/Portugal), Prof. Marcio Iorio Aranha (FD/UnB), Thiago G. Moraes (FD/UnB), Amanda Espiñeira Lemos (FD/UnB), Luiza Mendonça (FD/UnB)

Projecthttps://bv.fapesp.br/pt/auxilios/105576/pesquisa-documental-e-de-campo-sobre-autoridades-de-protecao-de-dados-na-america-latina-o-conceito/

About the College

The Latin American College of Global Studies, a FLACSO-Brasil program, is an international multidisciplinary and interdisciplinary academic space, within the Social Sciences and Humanities, ith focus on the subject of inequalities, its causes, effects, and mitigation strategies.

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