The Challenges of Data Collection

How What’s Happening in Latin America Influences American Law Firms

The Daily Business Review, a South Florida-based source of legal and business news has published on September 6, 2016 an article written by reporter Monica Gonzalez Mason that explores the challenges faced by law firms in Latin America.

Mason writes:

“Latin America has followed Europe’s lead in regulating and enforcing personal data privacy as a fundamental right rather than the U.S. model of a free-floating asset waiting to be captured and subjugated. Data providers in the U.S. are gathering information and creating profiles of consumers and businesses in other countries, including Latin America. But companies with long-term global interests have reason to prepare contracts involving data security with Latin America-friendly provisions in mind. Selling that data down the road can depend on it, said Luis Salazar, a partner at Salazar Jackson in Miami”

The article makes the following distinctions between what’s allowed in the U.S. and what’s against the law in Latin America regarding personal data privacy:

  1. There is little to prevent any business from grabbing your private data, then storing it anywhere the business chooses; the business will always claim that it had your implied consent to mine your data when you explored its web site.
  2. Latin America governs the use of this data by restricting its use beyond specific parameters. In most Latin American countries a business cannot take your data and use it against you when making financial decisions.

“Many, if not most, of the laws in these countries provide more strongly the ability to change your data or to erase it — the right to be forgotten. You have to have an ability to accept those kinds of consumer phone calls and requests — ‘I want to see my data. I want to delete my data.’ Many of these countries because of this habeas data right, you can actually reach out to any owner of a database and ask, ‘What do you have about me?’ and correct it,” Mason said.

To read the full article, please click on the link below:

DailyBusinessReview.com

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