scholarly journals Data protection and social emergency in Latin America: COVID-19, a stress test for democracy, innovation, and regulation

Author(s):  
Luca Belli ◽  
Nicolo Zingales
OASIS ◽  
2016 ◽  
pp. 109 ◽  
Author(s):  
Luisa Parraguez Kobek ◽  
Erick Caldera

Habeas Data is not a commonly known concept, yet it is widely acknowledged in certain circles that deal with information security and data protection. Though it has been around for decades, it has recently gained momentum in Latin America. It is the legal notion that protects any and all information pertaining to the individual, from personal to financial, giving them the power to decide how and where such data can be used. At the same time, most Latin American countries have created laws that protect individuals if their  information is misused. This article examines the concept of Habeas Data from its inception to its current applications, and explains the different approaches and legislations passed in Latin American countries on data protection due to the rise of global cybercrime.


2021 ◽  
Author(s):  
Andreas Oser

Abstract The COVID-19 pandemic poses a challenge to certain standards in patent law as well as in pharmaceutical law. This paper discusses questions as to whether and under what conditions government-ordered or privately claimed compulsory licensing can contribute to controlling the pandemic. The existing obstacles and conflicts under the current legal framework, such as a lack of international harmonization and a lack of coherence between patent law (compulsory licensing) and pharmaceutical law (data protection), are outlined and discussed. A possible solution could lie in a modernization of relevant legal provisions to create an internationally harmonized balance between the public interest in using important patents in the present and in future emergency situations and the interest of patent owners and data and market exclusivity holders in allowing exemptions within clearly defined limits. The article concludes with a discussion of conditions that may influence possible solutions.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Laura Bradford ◽  
Mateo Aboy ◽  
Kathleen Liddell

Abstract Digital surveillance has played a key role in containing the COVID-19 outbreak in China, Singapore, Israel, and South Korea. Google and Apple recently announced the intention to build interfaces to allow Bluetooth contact tracking using Android and iPhone devices. In this article, we look at the compatibility of the proposed Apple/Google Bluetooth exposure notification system with Western privacy and data protection regimes and principles, including the General Data Protection Regulation (GDPR). Somewhat counter-intuitively, the GDPR’s expansive scope is not a hindrance, but rather an advantage in conditions of uncertainty such as a pandemic. Its principle-based approach offers a functional blueprint for system design that is compatible with fundamental rights. By contrast, narrower, sector-specific rules such as the US Health Insurance Portability and Accountability Act (HIPAA), and even the new California Consumer Privacy Act (CCPA), leave gaps that may prove difficult to bridge in the middle of an emergency.


2014 ◽  
Vol 38 (01) ◽  
pp. 102-129
Author(s):  
ALBERTO MARTÍN ÁLVAREZ ◽  
EUDALD CORTINA ORERO

AbstractUsing interviews with former militants and previously unpublished documents, this article traces the genesis and internal dynamics of the Ejército Revolucionario del Pueblo (People's Revolutionary Army, ERP) in El Salvador during the early years of its existence (1970–6). This period was marked by the inability of the ERP to maintain internal coherence or any consensus on revolutionary strategy, which led to a series of splits and internal fights over control of the organisation. The evidence marshalled in this case study sheds new light on the origins of the armed Salvadorean Left and thus contributes to a wider understanding of the processes of formation and internal dynamics of armed left-wing groups that emerged from the 1960s onwards in Latin America.


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