The DPA of Argentina has issued an open consultation to amend and update the Data Protection Act. The open consultation is based on the Program Justice 2020 initiated by the Ministry of Justice to modernize the laws of the country.
In one of the last acts from the now impeached President Dilma Rousseff, she signed and validated a few “late night” amendments on the Brazilian Internet Law (a.k.a., the “Marco Civil da Internet”). An article explaining this is available at the personal webpage of Dirceu Santa Rosa, a brazilian data protection expert
A report from El Heraldo explains that some lawmakers in Chile have introduced a bill to enact a new RTBF.
In a brochure published here, the Colombian DPA issued guidelines on cloud computing and data protection.
Eduardo Bertoni was appointed yesterday as the new Director of the Data Protection Agency of Argentina.
Bertoni was the Director of the Center for Studies on Freedom of Expression and Access to Information (CELE) at Palermo University School of Law, Argentina. Previously, he was the Special Rapporteur for Freedom of Expression of the Inter-American Commission of Human Rights at the Organization of American States (2002-2005), Teaching Fellow at the Human Rights Institute at Columbia University School of Law (2001), and a Member of the advisory boards of the Human Rights Initiative (Open Society Foundations), the Media Legal Defence Initiative, and the Freedom of Information Advocates Network (FOIAnet), among others.
He is an Argentinean lawyer and holds a Masters in International Policy and Practice from the Elliot School of International Affairs, George Washington University. Prof. Bertoni currently teaches at Palermo University School of Law, Buenos Aires University School of Law and New York University School of Law (Global Clinical Professor).
I know personally Eduardo and I am sure he will be a great director of the DPA!
The issue is becoming more and more important. There are already two criminal cases in Argentina from 2015. The fact-scenario of both cases was defendant posting without authorization videos of intimate images of ex girlfriend. Both cases were considered under the criminal felony of extortion because respondent requested a payment to stop publishing. But there are cases were no payment was requested and there is a gap in the criminal code, unless the judge considers the image personal data and the website a database and decides to apply section 157 bis of the Criminal Code (a provision inserted by the Data Protection Act intro the criminal code).
I have authored two law review articles about this matter and a working paper for our Internet Law program in the University of San Andres. In the last article I proposed to amend the Criminal Code following the changes introduced into the Criminal Code of Spain of 2015.
My papers about revenge porn:
- Introducción al revenge porn, Working Paper DITC n. 1, Abril de 2016.
- Protección penal de la difusión no autorizada de la imagen íntima captada con consentimiento de su titular y el problema del “revenge porn, en Revista de Derecho Penal y Procesal Penal, Abeledo, Agosto 2015, pp. 1587-1598.
- Difusión no autorizada de imágenes íntimas (revenge porn), El Derecho marzo de 2016.
The PL&B blog reports that UK government announced this morning that Elizabeth Denham, Information and Privacy Commissioner, British Columbia, Canada, is the preferred candidate to be the UK’s next Information Commissioner. She is well known for her work internationally in the privacy and open government fields and was a speaker at several international conferences.
The Court of Appeals of Santiago ruled that the use of static globes floating 150 meters above the city of Santiago de Chile with cctv with a 360 angle of view was an intrusion upon the protection of the privacy in the home of the citizens.
Ruling here in PDF.
Info about the filing of the complaint.