“Fostering Freedom Online: the Role of Internet Intermediaries” is the title of a new title in the UNESCO Internet freedom series. With the rise of Internet intermediaries that play a mediating role on the internet between authors of content and audiences, UNESCO took a joint initiative, with the Open Society Foundations, the Internet Society, and Center for Global Communication Studies at the University of Pennsylvania’s Annenberg School for Communication, to examine this recent historical phenomenon and how it impacts on freedom of expression and associated fundamental rights such as privacy.
See PDF here.
According to a report from The Guardian European commissioner speaking in Davos said that a UN needs agency for data protection is needed.
A new UN agency for data protection and data security is needed to protect the confidential and personal information of citizens around the world, the European commissioner for digital economy told delegates at the World Economic Forum on Thursday. Günther Oettinger said the recent Sony hack, which exposed swaths of confidential and personal information, had shown Europe the need to radically reshape the way data is used. See more here.
Ecuador – Data Protection Bill 2015
Ecuador may soon join the data protection club in Latin America. On January 19, 2015 the telecom authority (Superintendente de Comunicación) and the Ombudsman (Defensor del Pueblo, Ramiro Rivadeneira) prepared a data protection bill to send to Congress. I am looking for a copy of the DP bill, and once I have it I will post it here.
Source: Diario La Hora.
Honduras – E-Commerce Law 2015
After a long debate, the Congress of Honduras approved a new law on electronic commerce containing 28 articles. I am looking for a copy of the DP bill, and once I have it I will post it here.
Colombian Data protection agency issue a decision on November 24, 2014 considering that the data protection act of Colombia does not apply to Facebook.
The decision, commented here by Prof. Nelson Remolina in his data protection blog, is the first of its kind in Latin America. It is based on the fact that the social network does not have a real domicile in Colombia.
The next session of the UN Human Rights Council
(Geneva) in March 2015 will discuss the creation of a new Special Rapporteur on the right to privacy.
The Rapporteur – if established – will be able to monitor the implementation of the right to privacy in any country, including by receiving and seeking information from NGOs; carrying out country visits; leading, and participating in, consultations with relevant stakeholders; making recommendations to States on the implementation and realization of right to privacy; and reporting periodically to the Human Rights Council and the General Assembly.
Like for the UNGA resolution, Brazil and Germany will draft the resolution to create the mandate of the Special Rapporteur and take the lead in the negotiations. It is noted the role played in this issue by a Latin American nation, and the fact that such nation does not have a data protection act in place although a bill is being discussed for the last 5 years.
In the first week of implementation of the DO NOT CALL regulations in Argentina, by using the web page of the Ministry of Justice a total of 116.874 fixed lines and a total of 178.880 mobile lines were registered in the do not call list. The website of the Ministry of Justice was visited a total of 299.908 times.
The other provincial programs are still operative like the GBA, or the City of Buenos Aires registry.
Santa Claus appeared just in time….. On December 18, 2014, acting without a vote, the UN General Assembly adopted Resolution A/RES/69/166 on the Right to Privacy in the Digital Age (latest draft here for your reference). The adopted version has not been made public yet.
A new draft of the UN resolution (See PDF here) on Privacy in the Digital Age has been introduced by the Member States in the UN 3rd Committee this month.
Among other clauses, the new document re-affirms that “the same rights that people have offline must also be protected online, including the right to privacy” and “Invites the Human Rights Council to remain actively seized of the debate, with the purpose of identifying and clarifying principles, standards and best practices regarding the promotion and protection of the right to privacy, and to consider the establishment of a special procedure to that end, including through the creation of a mandate of a Special Rapporteur”.
In addition, the Resolution now includes a reference to metadata, where it calls upon the states to “establish or maintain existing independent, effective, adequately resourced and impartial judicial, administrative and/or parliamentary domestic oversight mechanisms capable of ensuring transparency, as appropriate, and accountability for State surveillance of communications, their interception and the collection of personal data, including metadata”.
Germany Mission at the UN
The National congress is becoming more interested on the issue of privacy and the impact of mandatory biometric ID in Argentina. Below a notice of a meeting that will take place in the Senate organized by the Radical Party.
TITLE: El Impacto de la recolección obligatoria de información biométrica por parte del Estado, en los derechos humanos
DATE AND VENUE: 20 de noviembre de 2014 a las 10hs, Salón Perito Moreno del Edificio Alfredo Palacios (Ex Caja) – Hipólito Yrigoyen 1708, 5ºPiso
Continue reading Biometrics, national Id and privacy debate in Argentina
For 3 days the mexican data protection agency (IFAI) was the host of the XIII Iberoamerican Seminar on Data Protection organized by the Red Iberoamericana and the mexican IFAI. The topics discussed were freedom of information and data protection, RTBF (mentioned everywhere), technology and law, labour law and data protection, latin american DPA and DP statutes harmonization and the future of data protection in the region including the OAS draft DP model law, a continuation of its efforts in the area of FOI law. The president of IFAI, Ms. Ximena Puente de la Mora, I will continue heading the Red Iberoamericana de Protección de Datos Personales.
Complete program and presentations of the Iberoamerican Seminar on Data Protection are available here.
Mexico is debating a new data protection law and a new freedom of information law, expected to be enacted on December 2014 and January 2015.