11 . July . 2023

Privacy and data protection, a global concern

Does your organization comply with the standards set by law in the handling of personal data? Do you know what your responsibility is in handling this information? Do you have specialized personnel in this area?

These are some aspects that a specialized lawyer can help you manage, since privacy and the protection of personal data is one of the most important current issues for people, companies and governments, which is making its way with great force in this digitization era.

According to statements by the lawyer Isabel Davara de Marcos, vice president of the Illustrious National Bar Association of Mexico, in several of her talks "Data protection emerged as a fundamental human right from the experience of World War II, where When the Nazis entered any European country to conquer it, it reached the National Population Registry and the Civil Registry. For example, in the Netherlands, religion data was collected and this showed that 75% of the civilian population was Jewish and 98% of this population was murdered. As we can see, this issue is vital in society because it involves freedom and human dignity”.

What is personal data?

Once we have sized the importance of this topic, we must define it and according to the Spanish Data Protection Agency (AEPD), personal data refers to all the information of a natural person identified or identifiable directly or indirectly, through data such as identity document, address, age, marital status, telephone numbers, assets, personal email, among others.

Likewise, when we talk about sensitive personal data, we refer to everything that refers to more sensitive and intimate aspects of its owner and whose improper use can cause discrimination or put their physical integrity at risk. These data are racial or ethnic origin, health status, genetic information, biometrics, religious beliefs, union membership, philosophical and moral, political opinions and sexual preference.

Data protection laws and their use globally

Given that data protection is a fundamental right and with which we limit the information that we share with other people or institutions to protect our privacy, the need to create laws to protect us has been generated, such as the General data protection regulation (RGPD), of the European Commission, the Data Protection Law (DPA) of the United Kingdom, the , la National Directorate for the Protection of Personal Data (DNPDP) in Argentina, the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP), in Mexico, the Statutory Law on Protection of Personal Data (LEPD) in Colombia, among others.

According to the Ibero-American Data Protection Network (RIPD), this regulation has contributed to establishing clear guidelines of what should be the fulfillment of a specific treatment of the data, collection, storage, access and commercialization.

Here professional experts in law are vital, since they can guide both individuals and companies in areas such as digital rights, information monetization, digital consumer protection, cybersecurity, digital taxation, and the transfer of personal data between other aspects.

International transfer of personal data

Regarding the global transfer, according to the Ibero-American Data Protection Network (RIPD), today it is necessary to adapt the law to protect and protect digital rights, which are articulated with freedom of expression and privacy.

In this way, when international transfer contracts are established between the person responsible for the database, whether it is a natural or legal person, public or private, and the importer of the information, it is important to seek the advice of expert lawyers on the subject, so that good conditions of protection and management of the data negotiated between the parties are established.

As a result of these negotiations, personal databases become a very profitable business, since, among other things, new business opportunities can be identified, personalized marketing carried out and data analysis sold.

If you want to know how your organization is facing the guidelines of the standards or regulations that govern data protection in your country, consult our experts at BLITA International to help you diagnose your current status and the improvements you must implement.

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