Emerging Trends in Data Protection Laws in Latin America and Beyond

The data protection phenomenon has been sweeping across Latin America in recent years, with several countries enacting laws to protect personal data. Countries like Chile, Argentina, Uruguay, Mexico, Brazil, and Colombia have all implemented data protection laws, with many updating their legislation to align with the European Union’s General Data Protection Regulation (GDPR) model.

In Costa Rica, a comprehensive reform of data privacy laws is underway, based on the GDPR model. The country proposed a reform in January 2021 to restructure its data protection agency and adopt the European Union’s Convention 108 on Protection of Personal Data. The bill is currently under discussion in the Costa Rican Congress.

Chile, the first country in Latin America to regulate data privacy, is in the process of modernizing its legal framework. A bill introduced in 2017 aims to create a new data protection agency to enforce legislation. The bill was amended in 2021 and is expected to be enacted in 2023.

Colombia has been noted for its modern data protection laws and enforcement. The country’s data protection authority has mandated measures for securing personal data and imposed fines on companies for violations. In May 2021, WhatsApp was ordered to comply with data protection measures by the Colombian authority.

Mexico, Brazil, and Argentina have also taken steps to enhance data privacy protections. Mexico adopted the Federal Law on the Protection of Personal Data in 2010, with subsequent regulations and guidelines. Brazil enacted its data protection law, the LGPD, in 2018, and established the Brazilian National Data Protection Authority in 2020. Argentina has a comprehensive data protection legal framework and is currently in the process of reforming its laws.

The GDPR, which went into effect in 2018, applies to organizations in the European Union and those outside the EU that market goods or services to EU residents. Compliance with the GDPR requires implementing technical, administrative, and organizational measures.

Companies are advised to conduct a data inventory, identify lawful bases for processing, understand data subject rights, and comply with prohibitions on special categories of data. Contracting with data processors, choosing data transfer mechanisms, and understanding jurisdictional differences in privacy regimes are also essential for compliance.

Overall, data compliance programs are crucial for companies operating in Latin America and globally to protect personal data and avoid potential liabilities. Emerging litigation trends in data privacy, such as biometric privacy laws, wiretapping claims, and AI-related issues, highlight the importance of staying informed and proactive in data protection efforts.