Banca de DEFESA: Luiza Mendonça da Silva Belo Santos

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Luiza Mendonça da Silva Belo Santos
DATE: 20/12/2023
TIME: 09:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjQ2NzY4NGEtNDM5Mi00NTQzLWE0Y2ItNDQwMmFiYjhkY
TITLE:

INTEROPERABILITY IN INTERNATIONAL TRANSFERS OF PERSONAL DATA 

A CRITICAL ANALYSIS OF THE DATA PROTECTION LEGAL REGIMES OF BRAZIL, ARGENTINA, URUGUAY, AND COLOMBIA

KEY WORDS:

Data Protection; International Transfers of Personal Data in Latin America.

PAGES: 194
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Over time, international data transfers have evolved from sporadic events to regular operations in the daily reality of both public and private entities. This research focuses on evaluating this phenomenon from a data protection regulatory perspective. More specifically, two key challenges have emerged as focal points in debates: the diversity of national laws for data protection and privacy around the world, which may prescribe varying levels of protection, and the practice of entities transferring personal data to countries with less stringent protection standards. In this regard, data protection laws have sought to establish regimes for governing international personal data transfers, aiming to maintain the continuity of protection afforded to personal data as they cross borders. In Latin America, the development of data protection is advancing. Given this scenario, this research aims to answer the following question: How have the data protection laws of Brazil, Argentina, Uruguay, and Colombia structured their regimes for international personal data transfers, and what is the impact of these regimes on promoting transfers in this region? The pursuit of interoperable mechanisms and procedures is important for ensuring safe and reliable data flows between countries. This research will explore the role of the Internet and information and communication technologies in the evolution of international personal data transfers, discussing the contributions of Internet regulation theories to the assessment of hybrid regulatory approaches, as well as examining relevant international and regional instruments. Subsequently, the European Union's data protection regulatory model, its influence in the Latin American region, and its contrast with the United States model will be analyzed. As a result, the regimes governing international transfers of personal data specific of each country under analysis will be evaluated, followed by a comparative perspective assessment. The research concludes that voluntary mechanisms, such as contractual instruments and binding corporate or global rules, are means to promote data flows between countries, requiring responsible and accountable practices, and risk analysis associated with the transfers from the involved parties. Finally, the importance to define parameters for comprehensive data protection is highlighted, including in contexts of security activities and criminal prosecution, and the need for countries to consider this agenda.

COMMITTEE MEMBERS:
Presidente - 1206283 - ALEXANDRE KEHRIG VERONESE AGUIAR
Interna - 1509022 - ANA DE OLIVEIRA FRAZAO VIEIRA DE MELLO
Interno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Externo à Instituição - THIAGO LUÍS SANTOS SOMBRA - MATTOSFILHO