Data Protection in Latin America »Opinion» Journal of Commerce



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With digital transformation, companies embrace cloud solutions, the Internet of Things (IoT), big data and other digital initiatives, reinventing and automating everything to protect critical information from taking customer service. Consumers are concerned about the consequences of stealing financial and personal information, organizations that have already been victims of such attacks are thinking about the short- and long-term effects of their activities and other organizations are wondering if they will be the next victims.

] The European Union (EU) approved the General Data Protection Regulation (GDPR) on May 24, 2018, which will undoubtedly have an impact throughout Latin America. This regulation, which aims to give consumers greater control over their digitally collected personal data, applies not only to organizations in EU Member States but also to companies doing business with the EU. Europe or collecting data from European citizens. In the wake of this reform, data protection measures should be strengthened throughout Latin America, where many countries have already taken steps to improve or enforce these regulations.

In Brazil this week, only the Senate approved PLC 53/2018, a text that governs the processing of personal data in the country, both by the public and the private, does not lack the presidential sanction to align finally the context of digital transformation and join the list of countries that have already regulated Argentina, which has data protection laws since 1994, ahead of the countries of the region. According to the European Commission, Argentina and Uruguay are the only two countries in Latin America to have adequate levels of personal data protection; However, with GDPR, even your current regulations may be subject to change. Current legislation in Argentina protects personal data stored on all public or private processing platforms. In addition, citizens have access to their information in public databases.

Mexico tops the list, after approving in 2010 the Mexican Federal Law on the Protection of Personal Personal Data, or better known as the Data Protection Act. The country's concern for protection data also led to the creation of the National Institute for Transparency, Access to Information and Protection of Personal Data (Inai), autonomous entity that protects the personal data handled by the individuals and the federal government. the privacy of individuals

In Colombia, the Colombian data protection authority uses a regulation that requires all databases to be registered in the national database registry. Current Colombian legislation includes the protection of users' rights, the creation of obligations for those who collect and manage data, the regulation of the protection of personal financial and credit data and the control of the national register of data banks.
Chile announced today that it plans to update its personal data protection laws, which were created in 1999 to meet the standards of the Organization for Cooperation and Cooperation. Economic Development (OECD). The country uses the European regulations in addition to the GDPR as models for the creation of the Chilean Personal Data Protection Agency

Peru created its data protection legislation in 2011, which grants the country the right to privacy protection. authority and transparent access to public information, strengthen the protection of personal data. Peru's personal data protection structure focuses on protecting the rights of individuals and fulfilling the obligations of data processing companies.
Currently, Costa Rica has the general law of protection of personal data, which guarantees to all persons their fundamental rights, such as self-determination, the defense of freedoms and equality, with regard to relates to any processing of data concerning them or their property.

In recent years, Panama has taken important legislative steps to regulate the protection of electronic data and electronic commerce. The Panamanian National Authority for Transparency and Access to Information issued the law on the protection of personal data in September 2016. However, as indicated by the documents of Panama Confidential revealed in Panama (Panama Papers), there is still much work to be done.
As data becomes one of the most valuable badets in the world and cybersecurity risks continue to grow, data protection continues to require our attention. With the increase in cybercrime activity on a global scale, involving costly and reputed data breaching issues for victims, data protection has quickly become a necessity. The magnitude and frequency of ongoing information breaches are alarming. More than ever, cybersecurity can not be postponed

* Vice President of International Sales and Managing Director of Fortinet for Latin America and the Caribbean

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