Abstract
Personal data are highly valued assets, but oftentimes it can be easily accessed through information and communication technologies. The main problem currently lies in the inappropriate use or processing of personal data, especially sensitive data, which translates into the violation of rights, even the most basic ones, such as access to public services, health, life, physical and mental integrity, among others. Although the challenges for public administration increased as technological developments increased, the COVID-19 pandemic added exponential complexities and forced governments to implement digital solutions to guarantee the continuous provision of services, but also to provide minimum levels of security to their users.
In many regions of Latin America, the protection of personal data has been conceived as an inalienable right, which prevails over others that are not constitutionally recognized. States therefore have an obligation to protect their citizens from possible unauthorized treatment, which could result in the violation of other human rights. Likewise, in Latin America the autonomy and independence of this right has been developed through organic laws, which in general terms protect personal data. However, some regulations are much broader than others and, therefore, require an in-depth analysis of this topic.
This paper focuses on developing a comparative study of the regulations currently in place to protect personal data in Chile, Argentina, Uruguay, Mexico, Peru, Costa Rica, Colombia and Ecuador. Using a qualitative approach, the authors compare legislative documents and discuss how the 8 countries under study developed their laws on the basis of constitutional provisions. However, it must be noted that not all of them consider the right to data protection as independent and autonomous.