News about privacy in LATAM
By Mariano Peruzzotti, Candela Basilotta and Andrea Sánchez Vicentini
In this article we report the most relevant developments that took place in Latin America on personal data protection recently.
(i) Brazil
· Public consultation on model clauses: The National Authority for the Protection of Personal Data of Brazil (hereinafter, “ANPDP”) published on August 15 the draft Regulation on the International Transfer of Personal Data and the standard contractual clauses in accordance with the General Law on Protection of Personal Data (hereinafter, “LGPDP”).
· Bill to modify the sanctions of the LGPD and the Consumer Defence Code: The Brazilian Senate is discussing the bill Nº 4530/2023 whose purpose is to modify the laws that regulate data protection in Brazil. The project proposes increasing the level of fines that can be applied in case of non-compliance with the LGPDP. It would also modify Law No. 8079/1990 -the Consumer Defence Code- to prohibit the collection of personal data without informing consumers about the purpose and type of processing of their personal data.
· Public consultation on the draft regulation of notification of security incidents: On May of this year the ANPDP published the draft resolution that would regulate the procedure for notification of information security incidents to the ANPDP and the data owners. You can read about this subject further here.
(ii) Chile
· Data protection bill: The Legislative Branch of Chile is discussing the bill that seeks to replace the current Law 19628 on the Protection of Private Life or Protection of Personal Data, which dates back to 1999.
· Constitutional reform: On December 17, a national plebiscite will be held that will decide the approval of the constitutional proposal. The proposal delves into the right to the protection of personal data and its drafting began in early 2023.
(iii) Uruguay
· Update of the list of countries or organizations that have an adequacy decision: On November 21, Resolution No. 63/023 of the Regulatory and Control Unit of Personal Data was published, which updated the list of countries or organizations that have an adequacy decision for international data transfers set forth in Resolution No. 23/021 of the same organization. Among them are the organizations included in the “Data Privacy Framework Program” published by the United States Department of Commerce.
(iv) Colombia
· The reform of the personal data protection law is in negotiations: The bill aimed to reform Law 1581 of 2012 on the Protection of Personal Data was introduced in the House of Representatives in August of this year and is under review in the First Permanent Constitutional Commission.
(v) Ecuador
· General Regulations of the Organic Law on Protection of Personal Data: On November 13, the Presidency of the Republic published in the Official Registry the General Regulations of the Organic Law on Protection of Personal Data through Executive Decree No. 904 of 2023.
(vi) Peru
· Regulations of the Personal Data Protection Law: On August 25, the Ministry of Justice and Human Rights approved the publication of the Regulations of Law No. 29733 on the Protection of Personal Data.
For further information please contact mperuzzotti@ojambf.com, cbasilotta@ojambf.com and asanchezvicentini@ojambf.com
