The influence of European Union personal data protection standards in Latin America from the perspective of social actors and Latin American authorities

Abstract

This article seeks to delve into the perspectives of social actors across several Latin American nations regarding the impact of the European Union’s (EU) personal data protection standards on their respective legal and administrative systems. The analysis is structured into three distinct sections, each contributing to a comprehensive understanding of this influence, culminating in a concise conclusion. The initial segment scrutinises excerpts from field interviews, shedding light on the influence of the EU and its legal provisions in shaping the national legal frameworks of researched countries, including Argentina, Brazil, Colombia, Chile, Costa Rica, Mexico, Panama, Peru, and Uruguay. The second part shifts the focus to a post General Data Protection Regulation (GDPR) era, exploring the heightened awareness surrounding adequacy processes crucial for securing favourable decisions from the European Commission for international data transfers. Concluding the analysis, the third part examines selected excerpts from interviews about the relationship between the abovementioned countries and the Council of Europe’s Convention 108+ and the Budapest Convention. Notably, these conventions serve as additional benchmarks in the data protection landscape. In summary, findings from the field research underscore that the influence of EU law significantly outweighs that derived from standards outlined in Council of Europe treaties. Additionally, interviews reveal a palpable recognition of the imperative to draw insights from diverse global regulatory examples, hinting at the potential for a unified global regulation.