PROJECT 2021
The importance of personal data protection in Paraguay: Actions from various fronts
PROJECT 2019
To stimulate action within civil society aimed at strengthening data protection in Paraguay
PROJECT 2021
The importance of personal data protection in Paraguay: Actions from various fronts
PURPOSE
The project seeks to continue the work started by TEDIC in 2019 on personal data, and aims to enrich the legislative debate in pursuit of a comprehensive personal data protection law in Paraguay, involving various public and private actors.
OBJECTIVE
TEDIC and the Coalición de Datos Personales will develop series of talks aimed at congresspersons; creation of print/digital guides for legislating on matters of protection of personal data; will create the second edition of the legal clinic on digital rights and digital awareness campaigns.
CONTEXT
The lack of a robust regulatory framework on personal data protection has a harmful effect on the lives of people, and the validity of a true rule of law in Paraguay at serious risk.
Indiscriminate sale of personal data for subsequent advertising and commercial use, or workplace discrimination due to abusive collection of sensitive health data such as HIV status, as well as the establishment of intrusive technologies in public spaces without guarantees of safeguarding and control by citizens (for example, facial recognition cameras at border crossings and in the country’s capital) are just a few examples that show the severity of the situation. These alarming signs demonstrate the need for a comprehensive personal data protection program that controls harmful initiatives contrary to human rights.
In this situation, the project is vital to counter these negative, abusive trends that run a serious risk of becoming the norm if they are not addressed comprehensively and from a perspective of human rights.
Uncontrolled sale and purchase of public and private databases continues, with no consequence for public and private actors.
Expected results benefitting the population:
• In-person meetings and webinars with Deputies and Senators to strengthen understanding about the bill.
– The aim is to create spaces for direct discussion with Deputies and Senators[1] to ensure understanding about the internationally accepted principles of personal data protection, through in-person/online talks with the presence of experts from the Coalition and international experts.
• Civil society organizations coordinate and take a stance in favor of the personal data protection law draft bill.
-The aim is a process of dialogue with civil society organizations operating in Paraguay, as well as organizations in the field of human rights and democracy operating in Paraguay, and that are important allies to take into account to maximize support from different sectors through public positions, videos, etc.
• Digital awareness campaign about the importance of personal data protection.
– The aim is to inform the public about the existence of the draft bill in the Chamber of Deputies and the urgency of an informed deliberation on the matter within that Chamber. The goal is an eminently digital campaign with the production of flyers, GIFs and videos. We will also seek to position the Coalición de Datos Personales as an expert on the subject.
• Second edition of the Legal Clinic on Digital Rights of the Universidad Nacional de Asunción.
-We must take advantage of the success of the first edition of the legal clinic, with a view to continuously establishing new abilities at the Universidad Nacional de Asunción School of Law, and specifically in the field of digital rights. Specifically, the aim is to conduct the second edition of the legal clinic based on the alliance already developed in the first cycle of the project, to discuss relevant issues in the subject for the creation of articles by the students.
[1] Dialogue with Senators will be subject to the speed with which that document passes to the Chamber of Senators after it goes through the Chamber of Deputies.
PROJECT 2019
To stimulate action within civil society aimed at strengthening data protection in Paraguay
OBJECTIVE
To promote the creation of a legislative bill on the protection of personal data with participation from the public and private sectors, as well as to advance the presentation of cases in the judiciary and establish a legal clinic for digital rights.
CONTEXT
Paraguay needs a more consolidated and robust ecosystem of personal data protection within its borders. The country faces many challenges related to the lack of adequate regulation, particularly given that there is a history of using mass surveillance technologies, collecting biometric data indiscriminately and installing facial recognition cameras in public spaces without any guarantees or protections regarding the collection of personal data.
A personal data bill is urgently needed to prevent the disclosure and leakage of information from databases for commercial purposes, the exposure of sensitive data such as health diagnoses that may be subsequently used in discriminatory ways by workplaces and the storage of biometric data captured through facial recognition cameras, among others.
Project achievements
In Paraguay, a personal data bill had been circulating that only sought to regulate credit data. TEDIC advocated for a correction of the bill’s name to the Credit Data Law. As a result of this process, the first multisectoral Coalition of Personal Data was established. Consisting of TEDIC and other public and private institutions, the Coalition is discussing the preparation of a new personal data bill with a human rights approach.
How was this achieved?
• Created an inter-sectoral table: Following advocacy work, an inter-institutional table was generated for the preparation of the personal data bill.
• Initiated a comprehensive legislative project on the protection of personal data using a multi-stakeholder methodology: It is the first project of its kind in Paraguay, and if approved, it would provide the country a legal protection framework consistent with international standards.
• Established and developed a website for the Coalition of Personal Data; The website enables citizens to become informed about the importance of having a data protection law and grants them access to the bill as it is being drafted. Likewise, it allows for political actors and interested persons to comment on the bill.
• Organized a cycle of 12 talks given by experts within the framework of the personal data table: These talks allowed international experts to review and comment on the bill and to debate essential legal issues. Each talk had an average of 40 to 45 people from the public and private sectors.
• Presented strategic litigation to the judiciary: TEDIC introduced legal actions with a view to making the state transparent in its processes regarding the treatment of personal data.
• Received approval for the creation of the legal clinic: The National University of Asunción (UNA) School of Law resolved to approve the creation of a legal clinic for digital rights, a project which will commence within a few weeks. Geared toward students, it aims to generate knowledge, as well as social commitment, on the subject of digital rights.
