PERSONAL DATA IS NOT FOREVER
By Maria Sol Porro, Trademark Lawyer
Protection of personal data is an issue that has gained relevance in the last year in all parts of the world. An example of this phenomenon is the implementation of the General Regulation of Personal Data (GDPR) in the European Union in 2018 or the new laws, modifications to the current ones or judicial decisions on the matter, that Latin American countries began to implement to be in accordance with the community regulations.
In this respect, in a recent judicial ruling, the Supreme Court of Justice of the Nation of Mexico (SCJN) analyzed the pertinent period to keep personal data within the Law for the Protection of Personal Data in Possession of Obligated Subjects of the State of Guerrero and determined the invalidity of a portion of the regulations since it established generic terms for the preservation of personal data.
In this sense, the Court understood that this generic term was in violation of the right to the protection of these data, since the treatment of them requires individualization in each specific case, so to decide what deadlines to apply should be attended to the applicable provisions in the matter in question.
As a …
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Wave of Personal Data Updates in Latam
The Protection of Personal Data is a fundamental right of citizens of inexcusable application by any type of organization, both public and private. In this sense, companies, professionals or any type of organization collect and process data from natural persons (clients, patients, employees, etc.) and, therefore, they are responsible for the security and protection of such data.
In this sense, after the approval of the New General Regulation of Data Protection (RGPD) – 2016 / 679- in the European Union in 2016, with its corresponding entry into force on May 25, 2018, which has repealed Directive 95/46 / EC, the rules of the game have changed not only for the EU countries and their institutions, both public and private, but the wave of updating of the national regulations on this issue has reached Latin America, specifically we refer to countries such as Argentina, Uruguay, Chile and Brazil.
In the case of Argentina, it recently submitted a bill to Congress that would replace the Personal Data Protection Law No. 25,326, which has been in force since 2000, in an attempt to align the country’s data protection standards. with the GDPR. The bill includes the requirements for notification …
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