Name: A Look-Back and Ahead on Data Protection in Latin America and Spain
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A Look-Back and Ahead on Data Protection in Latin America and Spain

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Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItNew GDPR-Inspired Data Protection LawsDefinition of Personal Data&nbsp;Anonymized data in Brazil, Panama, and Barbados falls outside the scope of the law. There are also variations in how these countries define anonymized data.Panama defines it as data that cannot be re-identified by reasonable means. However, the law doesn't set explicit parameters to guide this assessment. Brazil’s law makes it clear that anonymized data will be considered personal data if the anonymization process is reversed using exclusively the provider’s own means, or if it can be reversed with reasonable efforts. The Brazilian law defines objective factors to determine what’s reasonable such as the cost and time necessary to reverse the anonymization process, according to the technologies available, and exclusive use of the provider's own means.&nbsp;&nbsp;Right to Portability&nbsp;In Panama, portability is a right and a principle. It is one of the general data protection principles that guide the interpretation and implementation of their overarching data protection law. As a right, it resembles the GDPR model. The user has the right to receive a copy of their personal data in a structured, commonly used, and machine-readable format. The right applies only when the user has provided their data directly to the service provider&nbsp; and has given their consent or when the data is needed for the execution of a contract. Panama’s law expressly states that portability is “an irrevocable right” that can be requested at any moment.&nbsp;Portability rights in Barbados are similar to those in Panama. But, like the GDPR, there are some limitations. Users can only exercise their rights to directly port their data from one provider to another when technically feasible. Like Panama, users can port data that they have provided themselves to the providers, and not data about themselves that other users have shared.&nbsp;&nbsp;Automated Decision-Making About IndividualsBrazilian law establishes that the user has a right to review decisions affecting them that are based solely on the automated processing of personal data. These include decisions intended to define personal, professional, consumer, or credit profiles, or other traits of someone’s personality. Unfortunately, President Bolsonaro vetoed a provision requiring human review in this automated-decision-making. On the upside, the user has a right to request the provider to disclose information on the criteria and procedures adopted for automated decision-making, though unfortunately there is an exception for trade and industrial secrets.Legal Basis for the Processing of Personal DataData Protection in the Law Enforcement ContextRecommendations and Looking AheadAcross our work in the region, our FAQs help to spot loopholes, flag concerning standards, or highlight pivotal safeguards (or lack thereof). It's clear that the rise of data protection laws has helped secure user privacy across the region: but more needs to be done. Strong data protection rules that apply to law enforcement activities would enhance communication privacy protections in the region. More transparency is urgently needed, both in how the regulations will be implemented, and what additional work private companies and the public sector are taking to pro-actively protect user data.We invite everyone to read these reports and reflect on what work we should champion and defend in the days ahead, and what still needs to be done.Share ItIn a new round of talks this week to formulate a , EFF is calling for strictly limiting the scope of the convention’s international cooperation provisions and safeguards to ensure that states respect human rights when responding to legal assistance requests.EFF is among a group of ...Even in the face of strong public protest over a set of proposed revisions to criminal laws that infringe Indonesians’ free expression rights, the Indonesian Ministry of Law and Human Rights last month that threatens to further...Download the reportLatin American countries have a choice to make in the coming months—whether to accede to a new set of rules for coordinating and cooperating with each other and nations around the world on criminal...Update: On 16 June, following the approval by the Permanent Representatives Committee, the EU Parliament’s Internal Market Committee overwhelmingly the deal on the EU’s Digital Services Act. EFF helped to ensure that the final language steered clear of intrusive filter obligations. The DSA is expected to...While tensions run high across the globe over the invasion of Ukraine, the world’s governments are meeting at the UN this week and next to find common ground on a proposed treaty to facilitate international cooperation and coordination in computer crime investigations. The treaty, if approved, may reshape criminal laws...Democracies are in many ways like the internet. In both cases, it may take a thousand cuts to demolish their foundation, yet each cut contributes significantly to their erosion. One such cut exists in the Digital Services Act (DSA) in the form of drastic and overbroad government enforcement powers. But...As a UN-convened committee of government experts from around the world gets ready to begin negotiations to draft a Cybercrime Treaty, there's a pronounced lack of consensus among UN member states about what constitutes a "cybercrime" and how expansive the treaty will be. After years of discussion, the UN General...This post is the second of two analyzing the risks of approving dangerous and disproportionate surveillance obligations in the Brazilian Fake News bill. You can read our first article .Following a series of public hearings in Brazil's Chamber of Deputies after the Senate's approval of the so-called Fake News...This post is the first of two analyzing the risks of approving dangerous and disproportionate surveillance obligations in the Brazilian Fake News bill. You can read our second article .The revised text of Brazil’s so-called Fake News bill (, aimed at countering disinformation online, contains both...EFF, European Digital Rights (EDRi), the Samuelson-Glushko Canadian Internet Policy &amp; Public Interest Clinic (CIPPIC), and other civil society organizations have worked closely on recommendations to strengthen human rights protections in a flawed international cross border police surveillance treaty drafted by the Council of Europe (CoE). At a virtual hearing...Share It

Email updates on news, actions,and events in your area.DEEPLINKS BLOGShare ItNew GDPR-Inspired Data Protection LawsDefinition of Personal Data&nbsp;Anonymized data in Brazil, Panama, and Barbados falls outside the scope of the law. There are also variations in how these countries define anonymized data.Panama defines it as data that cannot be re-identified by reasonable means. However, the law doesn't set explicit parameters to guide this assessment. Brazil’s law makes it clear that anonymized data will be considered personal data if the anonymization process is reversed using exclusively...

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Katitza Rodriguez

Veridiana Alimonti

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A Look-Back and Ahead on Data Protection in Latin America and Spain

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