Paraguay should learn from the experience of Argentina where the Supreme Court declared unconstitutional the data retention law (Law 25,873) in the Halabi v Estado Nacional case. The issue was also debated last year in Brazil but finally the Marco Civil law settled this issue. For a Latin American perspective see this EFF blog post.
On the international data protection day, the Government of Brazil open a consultation and created a specific website about the new Data Protection Bill. The text of the new bill has been carefully re-drafted from the original bill several years ago.
Currently, Brazil does not have a data protection general law, but it has numerous statutes regulating privacy (see here Luiz Costa´s paper on the matter from June 2012). Last year, in the aftermath of the Snowden affair, Brazil approved a general framework for Internet regulation of certain aspects of privacy. Dilma Rousseff, Brazil’s President, has been a vocal critic of U.S. surveillance practices and was actively pressing for data protection reform in the last few months of 2013.
The Marco Civil however wass not a full fledge data protection law but a statute specifically addressing some privacy online issues and others matters like net neutrality. It has been called an Internet Bill of Rights and enacted on Net Mundial. Brazil has also been pushing for the UN Resolution and a Special Rapporteur for Privacy at the United Nations.
It is likely that there is going to be several exciting developments in Latin America this year including laws and bills in Chile, Ecuador, Mexico and Brazil.
Documents: New Brazilian Data Protection Bill
The mexican data protection authority IFAI has initiated legal proceedings against Google Mexico related to its data protection act. According to a note published in El Universal, the authority believes Google Mexico is processing personal data and has two answer access and correction requests.
More information here CNN Mexico
A citizen requested a website to have erased or blocked the administrative decision where he was pardoned. The decision was available in a website called datosperu.org (not the Official Journal). After no answer from the website, he lodged a claim in the DPA of Peru. The claim was based in the right to opposition of the Peruvian data protection act.
However in this case there was no decision because the case was declared moot due to the fact that datosperu.org stop to published the information (See Directoral decision N° 002-2015-JUS/DGPDPD, Of. Journal Jan 26 2015). The case was base on a previous similar case (see case 012-2014-PTT. that declared that when the information is no longer available there is no case to decide).
This case seems to be similar to the pardon cases in Spain, where several individuals subject to criminal proceedings were pardoned by the President. Years later they requested the DPA to have delisted from the search engine of the pardon decree and to order the Official Journal agency to implement the robots.txt protocol. The decision of the DPA was one of the RTBF similar cases at the agency level.
Decision of the DPA available in the DPA website.
More information here.
“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.
Chile is the first country to introduce a revenge porn bill in Latin America. More to come for sure.
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.
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.