International Privacy - 2013 Year in Review - Central and South America

by BakerHostetler

Central American Data Privacy Updates

 1.         Costa Rica

 On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law 8968, requires explicit data subject consent for any processing of data. Under the March 5 regulations implementing the law, companies must notify data subjects within five days of any “irregularity in the processing or storage of their data,” such as a data breach or theft. Companies must also notify the Costa Rican data protection authority, the Agencia de Protección de Datos de los habitantes (“Prodhab”), of any data breach.

 South American Data Privacy Updates

 1.         Colombia

On April 18, 2013, Colombia’s data protection law, Ley 1581 del 17 de Octubre de 2012 por el cual se Dictan Disposiciones Generales para la Protección de Datos Personales, took effect. In late June 2013, implementing regulations for the law were published by the Colombian government. The law was initially passed on October 17, 2012 with a six-month grace period for companies to come into compliance. Among its chief provisions, the law requires that data subjects give prior, informed consent before any collection occurs. The law also restricts processing of sensitive data without consent to just a few limited circumstances, such as those situations when processing is required by law. The implementing regulations impose fines of more than $600,000 for non-compliance.

 2.         Peru

On March 22, 2013, Peru’s Personal Data Protection Law took effect - 30 days after the Peruvian government published implementing regulations for the law. While Peru’s law does not require notification to any central authority or data subject in the event of a breach, the law generally requires data subject consent to process data. Further, the law provides individuals with various rights to access, update, or eliminate personal data held on them by a company. The implementing regulations clarified several aspects of the legislation, including registration of databases with the National Register of Personal Data Protection and enforcement.

 3.         Uruguay

On April 12, 2013, Uruguay acceded to the European Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (Convention 108) and its Additional Protocol. Uruguay was the first non-European country to accede to the convention, perhaps signaling the growing influence of the European Union on data privacy issues. This event comes on the heels of the European Commission’s declaration last year that Uruguay’s data protection regime was adequate under the European Data Protection Directive. Data privacy in Uruguay is governed by the Protection of Personal Data and “Habeas Data” Action 18.331 (“PDHDA”), which was passed in 2008.

 4.         Brazil

In Brazil, the “Marco Civil” has become a priority for the Brazilian government in late-2013 following Edward Snowden’s revelation of the NSA’s PRISM program. The Marco Civil is aimed at defining core rights of the Internet—including freedom of access, expression, privacy, and data protection. However, recent amendments to the Marco Civil added after the NSA PRISM scandal broke may also have serious implications for companies doing business in Brazil. These amendments would require companies to use local data storage centers to store data on their Brazilian users. Companies could not transfer personal information of Brazilians outside of Brazil for storage or processing. Google recently spoke out against the proposed change to the Marco Civil, stating: “The proposed amendment requiring internet companies to store Brazilian user data in Brazil risks denying Brazilian users access to great services that are provided by U.S. and other international companies.”

In addition to the Marco Civil, the Data Protection Bill of 2011 may still be considered by the Brazilian government in 2014. This draft legislation would establish a Data Protection Authority, require data subject consent prior to transfers of data, and require data breach notification.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© BakerHostetler | Attorney Advertising

Written by:


BakerHostetler on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.