Chile has just published an open consultation about its data protection bill based on the EU Directive and several Latin American DP Laws (mentioned in the first paragraph of the consultation). The fact that Chile is looking not only to the EU directive but also to regional laws means that there will be a trend towards harmonization in the region. This is good as it will not be practice from an e-commerce point of view to have a set of different rules for personal data in every country in the Lat Am region.
Also, this new bill, if approved, will put Chile in line with other countries in the region that have a data protection law like Argentina, Uruguay, Costa Rica, Peru or Colombia.
A quick review of the bill shows that they intend to have a data protection agency with regulatory and sanctions powers, ban international transfers to non adequate destinations, onward transfers, security measures, etc.
A judge issued an order to the City of Buenos Aires forcing the government to disclose the location of all the CCTV cameras in the City. See article here in La Nacion newpaper.
My comment to the recent ECJ decision in the Google Spain case was publishd today in the law journal La Ley in Spanish (PDF). I have also authored an op ed piece for the Sunday edition of Diario Perfil several weeks ago.
Texto del articulo Diario La Ley 9-6-14
The Journal of Forensic Sciences has published a paper that might be of interest for people interested in privacy issues for police DNA databases.
CITE: Wallace, H. M., Jackson, A. R., Gruber, J., & Thibedeau, A. D. (2014). Forensic DNA databases: Ethical and legal standards: A global review. Egyptian Journal of Forensic Sciences. doi:10.1016/j.ejfs.2014.04.002
La Universidad de San Andrés a través de su Maestría y Especialización en Derecho Empresario y conjuntamente con el proyecto de investigación PRIVACY LATAM da comienzo a su ciclo de encuentros mensuales sobre temas de actualidad sobre privacidad de datos.
La temática a tratarse en el primer encuentro es: “Conflicto entre la Protección de Datos Personales y el Acceso a la Información Pública”
En esta oportunidad Ramiro Alvarez Ugarte, director del área de acceso a la información pública de la Asociación por los Derechos Civiles (ADC) se referirá al recieten fallo de la Corte Suprema en el caso CIPPEC vs. Estado Nacional.
La entrada es libre y gratuita y se requiere inscripción previa. Durante la charla se servirá un refrigerio.
The Superme Court or Argentina will have a public hearing in the case Belen Rodriguez v. Google. This is one of the first cases that the Supreme Court is dealing with the conflict between liability of internet intermediaries and freedom of speech on the internet.
This is the first step towards a Supreme Court decision. The Attorney General of Argentina has already issue its opinion in another case, Da Cunha v. Google. But there is still pending a decision in that case from the Supreme Court.
The isues to decide are
- whether freedom of expression applies to the Internet search engines,
- whether they can be held liable for content generated in third parties sites but scanned and indexed by the search engine,
- strict liability, negligence standard, or no liability at all?
The sacred concept of ‘net neutrality’ does not appear in the final document produced by NETmundial, a two-day global summit on the future of internet governance held in Brazil.
The gathering of 800 representatives from 85 countries agreed to condemn “massive surveillance” on the internet and called for legal action against it in accordance with international legislation. But despite this reference to the Edward Snowden scandal, the final document makes no mention of the US National Security Agency, which operated a huge surveillance program that targeted allied governments, private companies and individuals…
continue reading in Diario El Pais.
by Professor Danilo Doneda (Brazil)
The Civil Rights Framework for the Internet Bill (Marco Civil da Internet) was approved by the lower house of Brazilian’s Parliament and is now being discussed by the Brazilian Federal Senate, before being enacted into Law by Brazil’s president.
A substantial portion of the Bill deals with privacy and data protection – and this is one of its major changes since earlier versions. Its first draft was the result of a collaborative work done over the internet, which resulted in a principle-orientated statute with the main aim of assuring a set of rights to internet users. Afterwards, an intense debate emerged concerning issues as the liability of intermediaries and net neutrality. The Bill was amended in order to regulate more specifically these two points.
Another major development was related to privacy and data protection. Firstly, the Bill sustained a general approach to these issues, contemplating privacy and data protection as general principles for the use of internet and reaching a more specific tone mainly on the issue of data retention by internet providers.
This scenario changed substantially after Edward Snowden’s leaks – some of them addressed documentation about Brazilian enterprises and politicians. This inspired the legislator to include more specific data protection and privacy rules in the Bill. Thus, its final text ended up with a rather impressive length of privacy provisions, which we’ll proceed to briefly analyse.