"The Influence of the European Union’s Personal Data Protection Law in Latin America".
Personal Data Protection; European Union; Latin America; Data Protection Authority.
This thesis aims to analyze how the European Union influences some Latin American countries on personal
data protection, with emphasis on regulatory models, institutional designs and the performance of Data Protection Authorities.
To achieve that, qualitative research is conducted. It combines empirical research, bibliographical analysis, as
well as, written documentary sources, which refer to documents produced by competent bodies that are the object of this study. The former consists of fieldwork with observation based on on-the-spot experience in some Latin American countries and of a year of studies in Portugal that allowed for an experience of the institutional practice of Data Protection Authorities, along with dialogues and interviews with relevant actors. This information was collected from interviews with semi-structured scripts applied to representatives of Data Protection Authorities, civil society and academia in each country. Sixty-three online and face-to-face interviews were carried out in eleven countries (Argentina, Brazil, Colombia, Chile, Costa Rica, Spain, Mexico, Panama, Peru, Portugal and Uruguay), in a research project in which the thesis is involved. This thesis uses part of this material.
It starts with a bibliographic review in a global perspective, seeking to clarify how the creation of a universal concept of data protection influences the expansion of a European model. Subsequently, the legislative situation and the institutional format of the institutions that constitute the European Union in the protection of personal data are presented. Afterwards, each country regulation and the institutional models of the Data Protection Authorities in Latin America are contextualized, to then analyze the influence of the European Union and its Member States in the legislative construction of personal data protection in Latin America, through compliance with the General Data Protection Regulation (GDPR) and adherence to Convention 108+. Finally, based on existing institutional models, we seek to understand whether data protection and access to public information are potentially convergent, both in the context of the European Union and in the Latin American countries studied.