Landmark decision in a case discussing the liability of social network in Brazil

Last month, the Superior Tribunal de Justiça (STJ), the highest appellate court in Brazil for non-constitutional questions of federal law, awarded a landmark decision in a case discussing the liability of the social networking site Orkut for copyright infringing user-generated content on its site. The Court ruled that content providers cannot be held liable for copyright violations committed by third parties if they do not profit from copyright infringement on the part of its users. The Court also ruled that Orkut could not be held responsible for links that users post to external pages containing copyright infringing material.

Google Wages Free-Speech Fight in Mexico

The WSJ published on May 27 a complete article about the RTBF in Mexico.

The article below:

MEXICO CITY—Free-speech advocates are challenging a ruling against Google Mexico that they say would allow politicians and business moguls to abuse the so-called right to be forgotten by wiping out Internet links that cast them in a negative light.

The Google Inc. unit and local digital-rights activists are fighting in court to overturn a recent ruling by Mexico’s Federal Institute for the Access to Information, or IFAI. In late January, the institute came down on the side of a transportation scion who wants three links removed that contain negative comments about his family’s business dealings—including a government bailout of bad loans.

The ruling follows a precedent set in Europe one year ago known as “the right to be forgotten.” Proponents say the European model allows people to regain their privacy in a hyperconnected world, while critics say it encourages a whitewash of the past.

Both the European Union and Mexico have exceptions to Internet privacy rules if the information is in the public interest. The IFAI, however, didn’t apply the exception, arguing that Google didn’t make its case.

The brouhaha in Mexico shows the global spread of the Internet-privacy debate. A newCalifornia law gives minors limited rights to erase postings on Internet sites, and Hong Kong is embroiled in a tug-of-war between the right to be forgotten and its corollary “the right to know.” In Latin America, other countries that have passed or are considering digital-privacy laws include Brazil, Chile and Argentina.


Read more here….

Drone regulation in Argentina

The ANAC (National Aviation Administration) has requested comments of its draft regulation on drones. These regulations relates to aviation issue. See comment here by Allende & Brea lawyers.

In addition the DPA of Argentina is working in a regulation about the privacy issues of taking images or videos with drones. If approved, it is probable one of the first privacy regulations of drones by a DPA.

Web page of the ANAC here.

April news

– Paraguay has a data retention bill which is questioned by EFF campaing.

– Mexico comment to the IFAI v. Google RTBF case.

– CHile- Controversy over disclosure of whatsap conversations of a Senator – theis privacy scandal already has a name: Iquiqueleaks.

– Colombian Prof. Nelson Remolina, author of a great blog about Data Protection law in Colombia has published a new book about collection of personal data in the Internet, the book won a prize from the Spanish Data Protection Agency.

– Argentina – Media Party 2015 in August 2015.


The Inter-American Juridical Committee adopts report on personal data protection by consensus

This report was written in response to a request to the CJI by the OAS General Assembly in June 2014, when, in resolution AG/RES. 2811 [XLIII-O/13], it instructed the Inter-American Juridical Committee to prepare proposals for the Committee on Juridical and Political Affairs on the different ways in which the protection of personal data can be regulated, including a draft model law on personal data protection, taking into account international standards in that area.

The report adopted by the CJI and presented to the OAS Permanent Council on March 31, 2015, is the product of consultation with experts and others involved in formulating principles and practices in this field, including some working in a European Union context and with other regional groups, as well as with representatives of governmental, academic, business, and nongovernmental institutions.

Mindful that personal privacy and data protection continues to be a field subject to rapid technological advances and constantly evolving threats to privacy; and bearing in mind the different approaches adopted in different parts of the world in response to those changes and threats, and the apparent lack in our region of a uniform and coherent approach, the CJI considered that its most important contribution to the consolidation of a uniform legal framework was to tap the experience and achievements of the Americas and other regions and come up with a proposed framework that the States of the Americas might apply.

Based on a number of consultations, the Rapporteur concluded that the CJI’s most productive option would be to prepare proposed legislative guidelines for the member states based on 12 principles previously espoused by the Committee (CJI/RES. 186 (LXXX-O/12)), with a few minor amendments, rather than an agreement on the exact details of the wording of a specific law. In this endeavor, the Committee benefited from some of the directives prepared by such organizations as the European Union, the OECD, and APEC, as well as from best practices and experiences in this field.

The CJI is the advisory body on juridical matters of the Organization of American States. Its principal function is to promote the progressive development and the codification of international law; to study juridical problems related to the integration of the developing countries of the Hemisphere; and to foster the attainment of uniformity in the legislation of the member states.

» Document CJI doc. 474 15 rev. 2

» For additional information about Personal Data Protection, please visit our Website (only Spanish)