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Tuesday, December 19 • 09:00 - 10:30
Emerging challenges for data protection in Latin American countries (WS113)

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Proposer's Name: Mr. Hartmut Glaser
Proposer's Organization: Brazilian Internet Steering Committee (CGI.br)
Co-Proposer's Name: Ms. Jamila Venturini
Co-Proposer's Organization: Brazilian Network Information Center (NIC.br)
Co-Organizers: Romina Garrido, female, Chile, Datos Protegidos, civil society

Session Format: Round Table - 90 Min

Country: Brazil
Stakeholder Group: Technical Community

Country: Brazil
Stakeholder Group: Technical Community

Content of the Session:
The workshop aims at discussing the challenges for the regulation of personal data protection in Latin America and identifying solutions and innovations developed in the different countries in an exercise that can feedback into the ongoing regulatory discussions in the region. Besides dealing with traditional data protection issues such as (i) the concept of personal and anonymous data; (ii) consent and other legal bases for data processing; (iii) international transfer of personal data; (iv) data protection authority, etc., the workshop will discuss – from a regional perspective – emerging topics such as (i) privacy by design; (ii) the right to be forgotten; (iii) algorithm accountability; and (iii) the complexity inherent to data flows exchange between private and public entities in processing personal data. Such an approach is suggested as a way of shifting the focus of the debates on the topic from the perspective of the Western European countries and the United States to a Latin American one, in an attempt to broaden the discussion and include the particular challenges of developing countries and young democracies, in a moment in which data protection has become centerpiece of the policy agenda. The general outline of the session includes a high level presentation of the regional situation regarding data protection and will be followed by two rounds of short interventions from invited commentators that will delve into particular realities and concrete cases from selected countries. The floor will be opened for the interventions of interested participants from the audience, who will help understanding the regional context and pointing to best practices and ways forward to advance the regulatory efforts on data protection.

Relevance of the Session:
In the past years, data protection has increasingly become a central Internet governance issue. Despite being in the agenda of several IGFs, the subject has gained more relevance and nuances that go from privacy and security issues to freedom of expression and information ones. The advance of new technologies that allow the processing of greater amounts of personal data and the emergence of the so-called Internet of Things (sometimes associated to initiatives on “smart cities”) have at the same time increased the power and information asymmetry between companies and users (and sometimes even between companies and States) and the challenges for data protection regulation.

The Latin American context regarding data protection is diverse: according to the DLA Piper’s Data Protection Laws of the World Handbook, most countries in the region have a moderate level of protection. That is the case, for instance, of Chile, Colombia, Costa Rica, Mexico, Peru and Uruguay. Brazil, Honduras and Venezuela, on the other hand, are classified as having a limited protection, while Argentina is the only country classified as having a robust level of protection in the region.

Despite the relevance of the topic for Latin American countries, international debates on data protection, especially in the regulatory field, have had a strong focus on the tensions between the policy orientations of European countries and the United States. The innovation of this workshop will be to gather key actors in a multistakeholder perspective to discuss the challenges of data protection from a regional point of view, trying to identify its particularities, as well as solutions and best practices that emerge in specific contexts. The discussion is timely considering that several countries in the region are discussing either the adoption of comprehensive personal data protection laws (e.g. Brazil, Ecuador, etc.) or the modernization of their existing frameworks (e.g. Argentina, Chile, Mexico, etc.). In this sense, it can at the same time receive inputs and contribute to local debates on the subject. The session was also designed to have a pedagogical character by providing clarification to local stakeholders on the role and limits of data protection and to advance in identifying and preventing setbacks in freedom of expression and access to information – a common fear in a region that has historically been marked by several authoritarian regimes.

Any serious discussion about “our digital future” should take into account the role of big data and the impacts of the processing of immense amounts of personal information collected by private and state agents. Considering that a great part of the “next billion” users to be connected to the Internet are located in the developing world (especially Africa and Latin America), it is crucial to reframe the discussions on data protection to assure that the future of the new “digital citizens” includes safeguards and the respect for their human rights.

Tag 1: Data protection
Tag 2: Human Rights
Tag 3: Internet Economy

The proposed format will allow the interaction of several invited experts that represent distinct countries, sectors and visions towards the challenges and opportunities for data protection in Latin America. There will be two moderators that will make a quick introduction of the session and who will be followed by a keynote from a representative from an intergovernmental organization. A first round of interventions will be introduced by the moderators with an orienting question about the situation of data protection in selected countries of the region (Argentina, Brazil and Mexico). After this first round of quick presentations, the members of the roundtable that did not present comments will answer moderator’s questions on specific cases from their countries (Chile, Colombia and Peru). Finally, the floor will be opened for the interventions and questions of the participants in the audience, who will be able to bring their concerns and cases and interact with all panelists that then will give their final considerations. Bellow is a preliminary list of proposed moderators and participants indicating the ones that are still to be confirmed.

Carolina Aguerre, female, Argentina, University of San Andres, academia
Luiz Fernando Castro, male, Brazil, CGI.br, government

Introduction (keynote):
Danilo Doneda, male, Brazil, UERJ, academia

First round:
Alejandro Pisanty, male, Mexico, ISOC, technical community
Marcel Leonardi, male, Brazil, Google Brazil, private sector
Romina Garrido, female, Chile, Datos Protegidos, civil society

Second round:
Amalia Toledo, female, Colombia, Fundación Karisma, civil society
Martin Borgiolli, male, Peru, Hiperderecho, civil society

Instead of long interventions from few speakers, the workshop will be organized in three “rounds” and the time of the interventions by each panelist is planned to be as short as possible (5’ each and 10’ to the representative of the intergovernmental organization). This format will assure broad participation of representatives from several countries in the region in order to identify the current situation of Latin America with regards to data protection and the main concerns each country presents. And still reserve enough time for the audience and online participants to intervene. Each moderator will guide one “round” of the discussion, to add more dynamics to the conversations. 

The diversity of the workshop is assured from the selection of moderators: two moderators, from both genders, different countries and different stakeholder groups. The first round of interventions will have representatives from different countries and stakeholder groups presenting their views on the situation of data protection in their countries. Although they bring a specific perspective about each country’s process, the overall diversity of policy views on data protection represented by the different participants in the general discussion will provide balance to the eventual narrow scope of those presentations. The second round of interventions, despite bringing only representatives from civil society, includes gender and country diversity. Its goal is to bring cases and examples from other countries in very short interventions. The speakers of this round were selected due to the specific work they have been doing in the field (e.g. research about the observation of data protection rules by private companies, litigation on specific cases related to data protection, etc.). The keynote from a high level representative from an intergovernmental organization active in Latin America is expected to take into account the diversity of the region. 

Onsite Moderator: Carolina Aguerre and Luiz Fernando Castro
Online Moderator: Diego Canabarro
Rapporteur: Jamila Venturini and


Session Organizers
avatar for Nathalia Sautchuk Patricio

Nathalia Sautchuk Patricio

Technical Advisor, NIC.br
I'm a computer engineer. I am a Technical Advisor to CGI.br and professor in some universities. My interests are: network neutrality, Education and ICT, Social and Digital Inclusion.
avatar for Vinicius W. O. Santos

Vinicius W. O. Santos

Expert advisor, NIC.br / CGI.br
Expert advisor to the Brazilian Internet Steering Committee (CGI.br)
avatar for Jamila Venturini

Jamila Venturini

Executive Director, Derechos Digitales
Jamila Venturini es co-directora ejecutiva de Derechos Digitales. Su trabajo ha estado relacionado con los impactos de las tecnologías en la libertad de expresión, privacidad y protección de datos, especialmente su interacción con el ejercicio de otros derechos fundamentales... Read More →

Tuesday December 19, 2017 09:00 - 10:30 CET
Room XXV - E United Nations Office at Geneva (UNOG)