Fifteen jurisdictions in the Western Hemisphere (Latin America, Caribbean and Canada) now have comprehensive privacy laws including: Antigua and Barbuda, Argentina, Aruba, Bahamas, Canada, Chile, Colombia, Costa Rica, Curacao, Dominican Republic, Mexico, Nicaragua, Peru, Trinidad and Tobago (currently, the only provisions in force pertain to the establishment of the data protection authority) and Uruguay. Saint Lucia adopted legislation in 2011, but the law hasn’t yet gone into effect. The laws in Argentina, Canada and Uruguay have been deemed by the European Commission to provide adequate protection.
Other countries such as Bermuda, Brazil, Ecuador, Jamaica and Panama, and territories such as the Cayman Islands have draft bills that have either been or are expected to be introduced to their legislatures. In addition, Chile, which has had a high-level data protection law since 1999, may amend its existing law to include registration, impose cross-border restrictions and establish a data protection regulator.
This article examines the commonalities and differences among the privacy laws in the region and discusses current trends and new developments.
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