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
Date Written: April 25, 2019
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
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