A Short Comparative Analysis
As we delve deeper into the digital age, personal data has become the most coveted commodity. The once intangible promise of technology now faces the harsh reality of data exploitation, where privacy is eroded and the commodification of personal data mirrors the extraction of natural resources. By recognizing this growing threat, in May 2018 the European Union (EU) implemented the General Data Protection Regulation (GDPR), a legal framework that seeks to safeguard individual rights, ensure privacy in the digital era and inspire global change.
Data has become the fuel driving the global economy, yet privacy has become the collateral damage of global development. Cyberspace has been brutalized by rapid monetization and weaponization. For instance, corporations and governments have capitalized access to personal information and individuals are left with minimal control of vast amounts of personal data. In this case, GDPR has shaped the global conversations of data governance, which has become the blueprint for privacy regulations worldwide, providing individuals major control over their data they are using.
Its impact has been evident not only within the EU, but also in regions such as Southeast Asia and Indonesia, nations that look to adopt similar frameworks. GDPR seeks to restore the balance of data, creating a legal framework that empowers individuals and takes into account how data is collected, used and stored in corporations and governments. This accountability is critical because, according to the Journal of the Cyber Policy, in this digital era where data is being misused, data protection is essential for ensuring digital trusts and the integrity of online ecosystems (Ford, 2019). This sets a global standard, the EU has inspired distinct regions, prioritizing that data protection is now a fundamental human right.
Beyond Europe, the GDPR’s influence has reverberated across various regions. Southeast Asia and Indonesia, for example, have adopted similar frameworks to enhance data protection and digital trust. But the ripple effect is perhaps most significant in Latin America, where countries are increasingly aligning their data protection laws with international standards. Brazil’s Lei Geral de Proteção de Dados (LGPD), enacted in 2020, mirrors many of GDPR’s key provisions, while Mexico’s comprehensive updates to its data protection laws signal a commitment to aligning with global expectations. Argentina, recognized for its early adoption of privacy regulations, continues to revise its framework to meet GDPR standards, while Colombia’s Law 1581 and Ecuador’s new Organic Law on Data Protection are testaments to the region’s growing focus on protecting individual rights in the digital landscape.
As Latin American countries continue to strengthen their regulatory frameworks, they are not only protecting the privacy of their citizens but also positioning themselves as key players in the global digital economy. This regional evolution demonstrates how GDPR has inspired a global movement toward prioritizing data protection as a fundamental human right, shaping the future of data governance across the Western Hemisphere and beyond.
Latin America and GDPR Influence
Latin America, like many regions around the world, has faced significant challenges in the implementation of comprehensive data protection laws. However, GDPR has had a noticeable ripple effect across the continent, influencing countries to adopt similar frameworks. Latin American countries, driven by the need to modernize their data protection frameworks to facilitate international trade and digitalization, have increasingly aligned their laws with GDPR principles.
One of the most prominent examples of GDPR’s influence is Brazil’s Lei Geral de Proteção de Dados (LGPD), which came into force in 2020. Modeled closely on GDPR, the LGPD sets out comprehensive rules for how personal data must be collected, processed, and stored. It grants individuals the right to access, correct, and delete their data, similar to the rights conferred under GDPR. The LGPD also imposes significant fines on companies that fail to comply, mirroring GDPR’s strict enforcement mechanisms. The Brazilian government has established the Autoridade Nacional de Proteção de Dados (ANPD), the national data protection authority, which is responsible for ensuring compliance with LGPD and addressing privacy violations (Marini & Figueiredo, 2019).
Brazil has already seen cases that test the effectiveness of the LGPD. One of the first major data breaches under LGPD involved a leaked database containing the personal information of over 200 million Brazilians. The breach, which occurred in early 2021, exposed names, addresses, and sensitive tax information. The ANPD launched an investigation into the breach, highlighting how seriously the country is taking data protection in this new regulatory environment (Braga, 2021). The incident also underscored the growing need for Latin American nations to adopt robust frameworks to address such large-scale breaches and protect citizens’ privacy.
In Mexico, the Federal Law on the Protection of Personal Data Held by Private Parties, passed in 2010, serves as the foundation of the country’s data protection regime. Though it predates GDPR, the law shares many similarities, including provisions on data portability, the right to rectification, and stringent penalties for non-compliance. In recent years, Mexico has been working to update its framework to better align with GDPR and strengthen protections for personal data, especially in light of increasing cross-border data flows with the EU (Reding, 2021).
Argentina was one of the first countries in Latin America to adopt a comprehensive data protection framework with its 2000 Personal Data Protection Act (PDPA). Recognized by the EU as offering an “adequate level of protection” for data transfers, Argentina has maintained strong privacy standards. In 2018, Argentina announced plans to update its PDPA to further align with GDPR, as it seeks to enhance its competitiveness in the global digital economy (Belli, 2021). Argentina’s existing framework already provides individuals with the right to access, correct, and delete their data, but the proposed reforms will add more stringent requirements for data controllers, especially in terms of obtaining explicit consent and strengthening the role of the data protection authority.
Colombia, one of the most digitally advanced countries in Latin America, also has a robust data protection regime. In 2012, Colombia enacted Law 1581, also known as the “Habeas Data Law,” which provides a comprehensive framework for the protection of personal data. The law is similar to GDPR in several respects, including granting individuals the right to access, rectify, and delete their data. Colombia’s Superintendence of Industry and Commerce (SIC) serves as the regulatory body for data protection and has been actively enforcing the law, with significant penalties imposed on companies for data breaches and misuse (García, 2021).
Colombia has embraced GDPR’s influence, particularly in its emphasis on data security and the need for transparency in the handling of personal information. For example, in 2019, the SIC imposed a major fine on a Colombian telecommunications company for failing to comply with data protection laws, demonstrating the country’s commitment to ensuring data privacy. Colombia is currently exploring updates to Law 1581 to strengthen it further, with a focus on adapting to emerging technologies such as artificial intelligence (AI) and big data analytics (García, 2021).
In Ecuador, data protection has historically been weaker than in some of its neighbors, but the country is now making strides toward establishing a comprehensive framework. In 2021, Ecuador enacted its first-ever data protection law, the Organic Law on Data Protection (OLDP), which took inspiration from GDPR. This law establishes clear rules for data processing, requiring companies to obtain consent before collecting personal data and allowing individuals to request the deletion of their data under certain circumstances (Sánchez, 2021). Ecuador’s move toward GDPR-like legislation is seen as a significant step forward in a country where data breaches have become more common in recent years.
For example, in 2019, Ecuador experienced one of the largest data breaches in its history, involving the personal information of over 20 million people, including deceased individuals and children. The breach highlighted Ecuador’s vulnerability to cyberattacks and the urgent need for a comprehensive data protection framework. The OLDP is intended to address these vulnerabilities by providing clearer guidelines for data controllers and empowering individuals to take control of their personal information (Sánchez, 2021).
Privacy in the Digital Economy
Digital economies that are rapidly expanding, such as ASEAN regions, GDPR is an essential guide for shaping privacy laws. In 2012, the ASEAN Human Rights of Declaration adopted the protection of personal data as a fundamental right, reflecting a regional acknowledgment of the need for more builded privacy protections (ASEAN, 2012). On the other hand, countries like Indonesia, with a burgeoning e-commerce market, face similar challenges similar to those that GDPR seeks to address. For example, in 1945 the Indonesian Constitution mandated the protection and welfare of its citizens, which aligns with the GDPR’s key principles of privacy and human dignity. As the government of Indonesia emphasizes, Indonesia’s law No.11 of Information and Electronic Transactions details the importance of extra-territorial jurisdiction in regulating cross-border data flows. This is critical since digital data transactions increasingly cross national borders. Yet, by adopting comprehensive privacy laws that go in hand with GDPR, Indonesia could strengthen its data governance and rank itself as a leader in Southeast Asia’s digital economy.
Latin American countries also find themselves in a similar position. As digital economies expand in Brazil, Mexico, and Argentina, the adoption of GDPR-like regulations is becoming more urgent. These regulations are critical for establishing trust in digital transactions and creating a foundation for long-term economic growth. Data protection frameworks modeled on GDPR are essential for fostering international business relationships, particularly with regions like the EU, where data privacy standards are high (Reding, 2021). By aligning with GDPR, Latin American countries not only protect their citizens’ rights but also position themselves as competitive players in the global digital economy.
Cryptography and Data Security
Besides privacy, cryptography is an essential tool for data protection nowadays. In this case, GDPR emphasizes the need for the organizations to adopt strong encryption practices in order to safeguard data from cyber threats (European Union, 2018). Cryptography has two purposes: protect civilian data and ensure national security. This is essential because for countries like Indonesia, the balance between privacy and national security is extremely delicate. As stated by The Jakarta Post, Indonesia has already begun to develop policies to aim for a well developed cybersecurity process, but more comprehensive regulations should also be standardized since they are needed to protect personal data effectively (2019).
Similarly, in Latin America, data security is an increasingly important concern. With the rise of digital transactions and the growth of e-commerce, Latin American countries are beginning to implement encryption standards to protect sensitive data. Brazil’s LGPD includes provisions for data security and mandates that organizations adopt measures to safeguard personal data, including the use of cryptography. These developments are crucial for ensuring that data is protected from breaches and cyberattacks, which have become more frequent across the region (Marini & Figueiredo, 2019).
Overall, GDPR provides a valuable model. It explains and regulates organizations to notify authorities immediately in the event of a data breach, meanwhile ensuring transparency and accountability. In addition, GDPR highlights data minimization, this requires organizations to collect only the necessary data for their operations, which sets a crucial standard for reducing any risk associated with data misuse.
The Right to be Forgotten
The right to be forgotten and data probability are mechanisms introduced in GDPR, which allows individuals to control their personal data in an efficient manner. According to the European Union, these rights empower citizens to request their transfer of data from one organization to another, and have the right to erase their data if needed; this provides citizens a sense of ownership in the digital realm (2019). Furthermore, as noted by the Journal of Law and Cyber Warfare, the right to be forgotten is particularly relevant in the context of social media, since in this platforms vast amount of personal information is being shared an often misused (Zimmerman, 2020).For example, in Indonesia these provisions are crucial because they address the growing concerns around data misuse and ensures citizens they are protected from unauthorized data exploitation. Implementing a robust right to be forgotten, Indonesia, and many other countries, are protecting its citizens from the long term consequences of data misuse.
The Caribbean and Latin America are also witnessing the growing importance of the right to be forgotten. Brazil’s LGPD, for instance, grants individuals the right to request the deletion of their data when it is no longer needed, mirroring GDPR’s provisions. This right is especially relevant in the context of online platforms and social media, where personal data can be easily misused (Marini & Figueiredo, 2019). As Latin American countries continue to implement GDPR-like frameworks, the right to be forgotten will become an essential tool for protecting citizens’ digital rights.The right to be forgotten is not only about protecting privacy but also about safeguarding human dignity.
A Global Blueprint
Moreover, GDPR has set new standards by balancing the rights of individuals with the interests of businesses and governments. GDPR represents a global shift in how personal data is managed. For instance, in Southeast Asia, its spillover effect is evident, this is because these types of countries are beginning to recognize the importance of comprehensive data protection frameworks. The ASEAN region, which is home to one of the world’s fastest-growing digital economies, stands to benefit immensely from adopting GDPR-like regulations. By prioritizing privacy and data security, ASEAN nations can foster greater trust in digital transactions and position themselves as leaders in the global digital economy.
This similar trajectory is being followed in Latin America. By implementing GDPR-inspired frameworks, countries like Brazil, Mexico, and Argentina are not only protecting their citizens’ digital rights but also positioning themselves as competitive players in the global digital marketplace. The adoption of GDPR-like laws in Latin America is essential for fostering trust in digital transactions, ensuring compliance with international standards, and protecting the rights of individuals in an increasingly interconnected world (Reding, 2021).
Latin America: Looking Ahead
As Latin America continues to develop its digital infrastructure and integrate more deeply into the global economy, data protection will become an increasingly critical issue. The region’s adoption of GDPR-like frameworks, as seen in Brazil, Argentina, Mexico, Colombia, and Ecuador, reflects a growing recognition of the importance of data governance in the digital age. However, Latin American countries face unique challenges in implementing these frameworks, including the diversity of legal systems, varying levels of technological development, and limited resources for enforcement.
Looking ahead, Latin American countries will need to address these challenges by building stronger enforcement mechanisms and ensuring that data protection authorities have the resources and expertise necessary to oversee compliance. Furthermore, as the region continues to embrace new technologies such as AI and the Internet of Things (IoT), existing data protection frameworks will need to be updated to reflect the complexities of data flows in an increasingly interconnected world.
Latin America’s journey toward GDPR-like data protection frameworks is a work in progress, but the region is on the right path. As countries continue to strengthen their laws and align with international standards, they will not only enhance their citizens’ digital rights but also position themselves as competitive players in the global digital economy. The future of data protection in Latin America will hinge on the region’s ability to balance privacy rights with economic growth, ensuring that personal data is protected while fostering innovation and investment.
The lessons from Europe’s GDPR and its counterparts in Latin America extend beyond these regions, offering a global blueprint for balancing individual rights with the interests of businesses and governments. By safeguarding privacy in the digital age, GDPR has catalyzed the adoption of similar frameworks in countries like Indonesia, Brazil, Mexico, and Argentina. These countries recognize that data protection is essential for fostering trust, innovation, and economic growth in an increasingly interconnected world.
The digital age presents both unprecedented opportunities and risks. Individuals today are more vulnerable to data exploitation, as vast amounts of personal information are collected, processed, and stored by corporations and governments. The risks associated with data misuse are significant, ranging from privacy violations to identity theft and the erosion of personal autonomy. GDPR, by providing a comprehensive legal framework for data protection, has addressed many of these concerns, ensuring that individuals retain control over their personal data.
Furthermore, GDPR-inspired regulations in Latin America, such as Brazil’s LGPD and Argentina’s data protection reforms, demonstrate how global privacy standards can empower citizens and ensure accountability. These frameworks emphasize the importance of transparency, consent, and data minimization, creating a more secure digital ecosystem where individuals’ rights are prioritized.
However, the adoption of GDPR-like regulations is not only about protecting personal data—it’s about fostering trust in digital economies. As technology continues to evolve, the ethical handling of personal data will be critical for maintaining public trust and ensuring that digital innovation benefits society as a whole. Governments worldwide must invest in enforcement mechanisms, educate citizens about their rights, and collaborate to create interoperable data protection frameworks.
Ultimately, the adoption of comprehensive data protection regulations like GDPR ensures that the digital world remains a space for innovation, freedom, and trust. By safeguarding privacy and promoting responsible data governance, governments can help shape a future where technology enhances human dignity, economic growth, and global connectivity, while protecting citizens from the growing risks of the digital age.
About Authors:
Anis H. Bajrektarevic is chairperson and professor in international law and global political studies, Vienna, Austria. He has authored nine books (for American and European publishers) and numerous articles on, mainly, geopolitics energy and technology. Professor is editor of the NY-based GHIR (Geopolitics, History and Intl. Relations) journal, and editorial board member of several similar specialized magazines on three continents. His 10th book ‘Justice and Home Affairs Diplomacy’ is scheduled for release later this year in New York.
Valentina Carvajal Caballero of the Colombia ’s Universidad de Los Andes, is specializing in communication and digital media. As an Information Officer at IFIMES, she applies her expertise in research and digital transformation to advance the organization’s goals. Founder of Clan Nativus Phydigital Agendas, Valentina combines her entrepreneurial drive with a deep understanding of Latin American digital landscapes to promote positive change through technology.
The views expressed in this article are those of the authors and do not necessarily reflect the official position of IFIMES.
Ljubljana/Vienna/Caracas, 30 September 2024
Footnote:
[1] IFIMES – International Institute for Middle East and Balkan Studies, based in Ljubljana, Slovenia, has a special consultative status with the United Nations Economic and Social Council ECOSOC/UN in New York since 2018, and it is the publisher of the international scientific journal “European Perspectives.”
