Personal Data Exports: Issues for Chile

Speaking Notes for Chilean Council For Transparency Seminar: ‘Follow The Footprints Of Your Data’ (Sigue la huella de tus datos) Santiago, Chile, 25 April 2019

7 Pages Posted: 26 May 2019

See all articles by Graham Greenleaf

Graham Greenleaf

University of New South Wales, Faculty of Law

Date Written: April 25, 2019

Abstract

This document is my prepared notes for a presentation and panel discussion at the Chilean Council For Transparency Seminar: ‘Follow The Footprints Of Your Data’ (Sigue la huella de tus datos) Santiago, Chile, 25 April 2019, including some slides used in the presentation.

The opening presentation covers these points: (i) that the 134 countries with data privacy laws set a global standard which is already a higher standard than the EU's 1995 data protection Directive, and becoming higher as more countries enact '2nd generation' laws; (ii) because most of these laws have data export restrictions, this makes it urgent for Chile to update its data protection law to global standards, so as to minimise impediments on personal data being exported to Chile; (iii) the 2017 Standards for Personal Data Protection for Ibero-American States are a new means by which Chile can demonstrate its adherence to global standards; (iv) the APEC Cross-border Privacy Rules system (CBPRs) is not worthwhile, although Chile is an APEC member economy, because it only has two actively participating economies (the US and Japan); (v) in contrast, data protection Convention 108 has 54 parties, seven from outside Europe, and three from Latin America; and (vi) finally, four aspects of Article V (data exports) of Chile's otherwise very strong proposed Bill are identified as below international standards, and may unnecessarily jeopardise Chile's ability to obtain recognition for enacting international standard legislation.

Keywords: Chile, Data Protection, Privacy, Data Exports, Convention 108, GDPR, APEC CBPRs

Suggested Citation

Greenleaf, Graham, Personal Data Exports: Issues for Chile (April 25, 2019). Speaking Notes for Chilean Council For Transparency Seminar: ‘Follow The Footprints Of Your Data’ (Sigue la huella de tus datos) Santiago, Chile, 25 April 2019 . Available at SSRN: https://ssrn.com/abstract=3379515

Graham Greenleaf (Contact Author)

University of New South Wales, Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
+61 2 9385 2233 (Phone)
+61 2 9385 1175 (Fax)

HOME PAGE: http://www2.austlii.edu.au/~graham

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