The emerging process of protecting personal data in Latin America
Indela, since its first call in 2019, has accompanied various organizations that work on the personal data protection in Latin America. As part of an external evaluation carried out over these three years of work, a case study was developed on the personal data area in particular, to analyze in depth the strategies and the impact of the processes led by two of the allied organizations; IDEC and TEDIC.
Guarantee personal data protection is guarantee the exercise of other human rights, such as privacy and freedom of expression. Providing tools and mechanisms that guarantee the confidentiality, security and personal data control is a need that is growing by leaps and bounds, especially for groups in situations of vulnerability.
In certain Latin American countries these rights are regulated, in some even with more progressive regulations as in the case of Brazil. However, there are still several countries that do not have specific laws on personal data, such as Paraguay.
In this context, IDEC from Brazil and TEDIC from Paraguay have developed comprehensive strategies with three main lines of action:
- Coordinated mobilization to achieve high-impact results in the fight for personal data protection, as a long-term commitment.
- Articulation with different actors, that allows collaboration and collective construction of projects with a multisectoral perspective.
- Collaboration among the community of consumer protection, and the community of digital rights for the construction of a regional agenda.
Achievements and impact
The projects led by these two organizations have generated impact at the national and regional levels. On the one hand, the multisector articulation for the co-construction of a draft personal data law with a human rights perspective in Paraguay, TEDIC, together with Personal Data Coalition, coordinated a dialogue process with strategic actors for the advancement in the personal data protection that complies with international standards.
In addition, with the support of the Faculty of Law of the National University of Asunción, it leads a process of strengthening the capacities of the new generation of professionals in digital rights issues, through the Legal Clinic on Digital Rights. This type of achievement allows the strengthening of the local ecosystem, through the actions of experiences exchange and learning.
On the other hand, IDEC has managed to weave ties and network work between the digital rights community and the consumer rights community in the region, for regional collective political action. These impacts allow strengthening the incidence capacities of civil society against public and private regulations related to personal data protection.
Personal data protection is a developing process that still needs support. Existing regulations require continuous updating in the face of emerging challenges generated by the digital context. It is essential to articulate collective actions in the face of new opportunities between different sectors and communities, which allow the construction of long-term agendas for the defense and protection of personal data.