Wave Of Personal Data Updates In Latam

Author:Ms María Sol Porro
Profession:Moeller IP Advisors

The Protection of Personal Data is a fundamental right of citizens of inexcusable application by any type of organization, both public and private. In this sense, companies, professionals or any type of organization collect and process data from natural persons (clients, patients, employees, etc.) and, therefore, they are responsible for the security and protection of such data.

In this sense, after the approval of the New General Regulation of Data Protection (RGPD) - 2016 / 679- in the European Union in 2016, with its corresponding entry into force on May 25, 2018, which has repealed Directive 95/46 / EC, the rules of the game have changed not only for the EU countries and their institutions, both public and private, but the wave of updating of the national regulations on this issue has reached Latin America, specifically we refer to countries such as Argentina, Uruguay, Chile and Brazil.

In the case of Argentina, it recently submitted a bill to Congress that would replace the Personal Data Protection Law No. 25,326, which has been in force since 2000, in an attempt to align the country's data protection standards. with the GDPR. The bill includes the requirements for notification of mandatory non-compliance, the appointment of a DPO in certain circumstances, the right to data portability and the right to be forgotten, as well as the new liability standards. Likewise, through Resolution 159/2018, published in the Official Gazette dated December 5, 2018, the modification of the authority for the protection of personal data was ordered, and so far it has been the NATIONAL DIRECTORATE FOR THE PROTECTION OF PERSONAL DATA. With the entry into force of this resolution this year, the new Argentine authority will be ACCESS TO PUBLIC INFORMATION AGENCY.

In this matter of Chile, it has a law dedicated to data protection, Law No. 19.628 on Protection of Privacy, which was published in the Official Gazette on August 28, 1999 (the Law). Currently there is a bill in the Senate, which is about to be approved and would significantly modify Law No. 19,628 on Protection of Personal Data, in order to increase the protection of privacy to comply with international...

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