Banca de DEFESA: Amanda Nunes Lopes Espiñeira Lemos

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Amanda Nunes Lopes Espiñeira Lemos
DATE: 01/07/2024
TIME: 09:00
LOCAL: SALA DE VIDEOCONFERÊNCIA - FAULDADE DE DIREITO - UnB
TITLE:

DIALOGUES ON THE RIGHT TO PERSONAL DATA PROTECTION BETWEEN THE EUROPEAN UNION AND LATIN AMERICA: CULTURAL MEDIATIONS AND LEGAL TRANSLATIONS THROUGH THE IBERO-AMERICAN NETWORK

KEY WORDS:

Personal Data Protection; European Union; Latin America; Brussels Effect; Ibero-American Data Protection Network.

PAGES: 300
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis analyzes how the “Brussels effect” materializes in Latin America concerning the topic of personal data protection, despite the fact that, even after the GDPR, there is still a fragmentation of normative interpretation on the subject in the EU. The GDPR aims to standardize the theme in the EU and, in this sense, fragmentation should be mitigated. Additionally, it answers the following questions: why do the norms, guidelines, and actors regarding personal data protection from the European Union gain ground in Latin America? Does the Ibero-American Network act as a mediator in this dialogue of translating legal instruments? In which ways? To achieve this, a qualitative research approach is employed. It combines bibliographic analysis, examination of written documentary sources related to documents produced by the relevant bodies under study, and empirical research. The latter involves fieldwork with observation based on an on-site experience in some Latin American countries, conducted as part of a larger research project funded by FAPESP – Documentary and Field Research on Data Protection Authorities in Latin America: the Concept Social and Institutional Privacy and Personal Data. It also includes a year of studies in Portugal, as a PhD candidate associated of Jean Monnet Centre of Excellence Digital Citizenship & and Technological Sustainability (CitDig) and of Justice and Governance Research Center (JusGov). Those experiences provide not only an understanding of the institutional practices of Control Authorities but also opportunities for dialogues and interviews with relevant actors from civil society, academia, private and public sectors in each country. Sixty-three interviews were conducted online and in person in eleven countries: Argentina, Brazil, Colombia, Chile, Costa Rica, Spain, Mexico, Panama, Peru, Portugal, and Uruguay. The thesis uses part of this material as a primary source. The research begins with a literature review to understand the polysemy of the concept of data protection, the difference between this right and privacy, and its connection to access to information in certain contexts. In this initial part, presenting the theoretical-conceptual elements of the research, the role of the OECD and the Council of Europe in personal data protection involving Latin America and the European Union is discussed. The legislative situation and institutional format of the institutions that make up the European Union in personal data protection are then presented. It is demonstrated that this is not a homogeneous context based on the example of Portugal as a case of Member State role. Afterwards, a brief contextualization is carried out on the data protection authorities and the regulation in Latin America, as well as addressing the role of the Ibero-American Network as a catalyst in the articulation between the EU and its Member States in the legislative construction of personal data protection in the Latin American region. This articulation occurs both through the influence of Directive 95/46 and in the adaptation to the General Data Protection Regulation (GDPR), including adherence to Convention 108+, among other elements involved. The thesis seeks to understand the phenomenon of the “Brussels effect” and the expansion of European Union law to other regions, especially to Latin America. The thesis is part of the Research Line Transformations in Social and Economic Order and Regulation, in the Underline Social Regulation and Public Policies for Education, Science, Technology and Innovation of the Postgraduate Program in Law at the University of Brasília, in conjunction with the Doctorate in Public Legal Sciences at the University of Minho.

COMMITTEE MEMBERS:
Presidente - 1206283 - ALEXANDRE KEHRIG VERONESE AGUIAR
Interno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Externa à Instituição - ALESSANDRA APARECIDA DE SOUZA SILVEIRA - UMinho
Externa à Instituição - JOANA RITA DE SOUSA COVÊLO DE ABREU - UMinho
Externa à Instituição - LAURA NAHABETIÁN BRUNET - UdelaR
Externa à Instituição - MIRIAM WIMMER - IDP