From privacy to data protection: the road ahead for the Inter-American System of human rights

Abstract

ABSTRACT The right to privacy and data protection are key elements to understand how data has become the centerpiece of many changes in human interaction, new business models and technological development in an increasingly hyperconnected world. In a so-called data driven economy, the task of asserting principles, concepts and legal bases for data processing is fundamental to devise how such rights can be indeed protected. The Inter-American System of Human Rights recognises this right. In contrast to the European system that since 2000 recognises the right to data protection as an autonomous right – differentiating it from the right to privacy – the Inter-American System is on track to improve the standards of protection of both rights. Considering all thirty-five States of the Americas, eighteen have a specific data protection regulation; seven are discussing the Bill and eleven do not have a specific data protection regulation. The purpose of this article is to present the stage of development of the inter-American System of Human Rights in relation to the protection of the right to privacy and data protection and also demonstrate the challenges that such system will have to face as it move towards the effective guarantee of such rights.