The Oil of the XXI Century: The Protection of Personal Data and the Recent Amendments Introduced by the Accountability Law
There are many specialists who consider the ownership and management of personal data as the oil of the XXI century. This is supported by the recent elections in some countries, as well as the emphasis that some nations (such as China) have placed on this issue. In this context, and within the framework of a global trend promoted by the European Union through the so-called GDPR (General Data Protection Regulation), Uruguay began to legislate on this issue in 2008. Since then it has not stopped.
The last accountability law -sanctioned last October- introduced a couple of relevant modifications on the subject, namely:
(i) Hereinafter, the owner of the personal data (the “Owner”) has the right to be informed about how their data is used: not only at the time of collection, but also throughout their processing. The Holder may exercise this right at any time, making the corresponding request for information.
(ii) The Owner must be informed both about the international transfers to which his data are subject, and of the conditions under which they will be used.
(iii) The automated processing of personal data -that is: the treatment aimed at defining a credit or work profile- must be informed to the Holder, before starting the processing of the data;
particularly in relation to the evaluation criteria, the processes applied and the technological solution.
In short, perhaps the title fell short: we are much closer to uranium and lithium than to oil.
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This communication is for information purposes only. It cannot and should not be understood as legal advice from this firm. Bergstein has a team of specialists who can be contacted to assist you in this matter. For any questions regarding this material, please contact Dr. Juan Ignacio Torres Negreira ([email protected]) and/or Abg. Maite Urrecheaga ([email protected])
[email protected] – T. +598 2 901 24 48 Av. 18 de Julio 1117 – 5th floor 11.100 – Montevideo / Uruguay
