The implementation of regulations concerning Personal Data Protection
By Julian Rivera and Carolina Rodriguez, FRG Auditores y Consultores S.A.S.
The adoption of regulatory rules on the subject of data protection has seen an important evolution over time. The focus of these rules is to protect privacy rights, and in general all those that are related to the protection of personal data.
Due to the growth and interest in the protection of these rights, international law needs to be more effective in their protection. The evolution of data protection is actually happening, especially considering that in several countries, the appropriate mechanisms for protecting the right haven’t been established. In order to learn about the importance of personal data protection, it is necessary to take an overview of the background of the data protection right, as well as its evolution in the face of new technologies and telecommunications.
Subsequently, it is easier to understand the existing reality in terms of the implementation of data protection regulation in different countries, especially in Latin America where, even though many of these countries already regulate the matter in a general way and others in a stricter way, there is still an important lack of education and training about the use of protecting rules of personal data protection. Furthermore, some countries still don’t even have a project for implementing data protection regulations.
Here is a brief approach to the current situation of the implementation of personal data protection regulation in Latin American countries. Some countries such as Argentina, Chile, Colombia, Mexico, Peru and Uruguay have developed personal data protection matters in their Constitution and also in their general laws. The table below shows the regulation implemented by each Latin American country.
On the other side, countries as Bolivia, Brazil, Ecuador, Panama and Venezuela are still developing laws about personal data protection in order to create a solid regulatory structure in this area. So far, they have projects ongoing which means that there is much more to do to promote a culture that stresses the importance of personal data protection.
Julian RiveraFRG Auditores y Consultores S.A.S., Cali, Colombia
T: +57 2 514 50 33
Published: September 2018 l Photo: ©jkraft5 - stock.adobe.com