-DATA PROTECTION AND PRIVACY-
Uruguay Achieves Adequacy in Data Protection
Uruguay has been declared adequate by the European Union regarding Personal Data Protection. This recognition implies an approval of the legal security provided by Uruguay, which improves the flow of personal data between countries that have this distinction. It also sets a significant milestone that confirms the approval of regulations and national actions that guarantee the protection of this fundamental human right, which is customary to any technological and globalized society. Uruguay can now be seen as a country capable of assuming the challenge of taking care of the adequate controls that are required in the use and treatment of the personal data that has been provided. This is an opportunity for increasing businesses that involve or have as input the transfer of personal data, since control is offered as a guarantee that will facilitate interactions between countries.
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The Public Voice” in Uruguay: WP 29 Chair Says Proposed EU Regulation is Not Tough Enough
Civil society organizations concerned with privacy and data protection are meeting as “The Public Voice” in Uruguay, in advance of the 34th Annual Meeting of Data Protection Authorities and Privacy Commissioners. At the opening panel of The Public Voice, Article 29 Working Party Chair Jacob Konstamm spoke in favor of strengthening the pending EU Data Protection Regulation, observing that he preferred the “leaked draft” that circulated before the official draft was unveiled in January. Konstamm lamented that government and business are not treated equally in one instrument under the current proposals, with government subject to a proposed non-self-executing Directive and business subject to the proposed Regulation. Explaining that negotiations between the EU Parliament and Council will begin in Spring 2013, Konstamm observed that there currently is “fierce lobbying” going on in Brussels by the U.S. government and the IT industry that “threatens to weaken” the proposed Regulation. Konstamm focused in particular on three issues he declared as critical in consideration of the EU Regulation: explicit consent; the definition of personal data; and purpose limitation.
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Council of Europe Promotes Personal Data Protection in Latin America
The Council of Europe is promoting international co-operation in the field of personal data protection, in particular by encouraging non member states to ratify the Convention for the protection of individuals with regard to Automatic Processing of Personal Data, also known as Convention 108. Uruguay has initiated the ratification process and therefore may become the first non-Council of Europe member state to do so. Council of Europe’s Jörg Polakiewicz said, “The eventual accession of Uruguay will be a key step towards the global promotion of the convention and intergovernmental cooperation on personal data protection,” adding, “We are sure, hopefully, that Uruguay will be the first of many non-European countries to join the treaty.” This convention is the first binding international treaty which protects individuals against abuses which may accompany the collection and processing of personal data. Created in 1981, it remains the only legally binding standard which has the potential to be applied worldwide, providing legal certainty and predictability in international relations and open for signature by any country.