Tobón Provides an Overview of Latin America Data Privacy Law in ABA International Law News

Shook, Hardy & Bacon Miami Of Counsel Camila Tobón outlines data privacy laws in Latin American countries in an article titled “Data Privacy Laws in Latin America: An Overview” for the American Bar Association’s International Law News in its Spring 2015 issue.

Tobón, whose practice focuses on Latin America, shares that the privacy of individuals is a high priority in Latin America, which is why numerous Latin American countries have created constitutional rights to privacy and comprehensive data protection regulation over the last few decades.

Explaining how Latin America regulations compare to similar legislation worldwide, Tobón says, “Data privacy legislation in Latin America, like that in the EU, involves comprehensive regulation governing the collection, use, and dissemination of personal information in both the public and private spheres. This is unlike U.S. regulation, which takes the form of sector-specific laws.”

In Latin America, data subjects (individuals who have their data used or stored by a private or public entity) have the right to access, correct, update or delete their information from the database. Data controllers must also notify and receive approval from individuals before transferring the data to a third party.

Tobón outlines a few of the differing enforcement rights in various Latin America countries; in Argentina, Chile, Colombia, Costa Rica, Mexico, Nicaragua, Peru, and Uruguay governments have established national data protection authorities with oversight over such matters; and in Argentina, Chile, Peru and Uruguay an individual can seek recourse through the civil court system.