Data protection in Latin America

The model of data protection followed in Latin America is based essentially on the constitutional recognition of the fundamental right to habeas data and is influenced, especially, by the European model, without ignoring American influences betting on self-regulation. Despite this, the lack of harmonization between the different States triggers a tendency to approve universal standards. This chapter discusses how the processing of personal data in Latin America is regulated and where it is going. First of all, we analyse the recognition of the right to data protection in the region, with reference to its protection mechanisms, especially to the Control Authorities; and, afterwards, we examine the principles that govern the legal regulation of the processing of personal data, from the different standards approved in each of the Latin American States to the criteria included in the Standards that aim to create a unified regime in Ibero-America when processing data.