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11 Int'l Data Priv. L. 1 (2021)

handle is hein.journals/intldatpc11 and id is 1 raw text is: International Data Privacy Law, 2021, Vol. 11, No. 1 Data protection and social emergency in Latin America: COVID-19, a stress test for democracy, innovation, and regulation Luca BeLLi* and Nicolo Zingales**(symposium editors) The current SARS-CoV-2 pandemic has wreaked havoc across the globe and exposed the vulnerabilities, weak- nesses, and unpreparedness of our societies. The pan- demic is a global phenomenon, and several global trends can be inferred, regarding the economic, techno- logical, and psychological impact it has generated. This symposium edition of IDPL aims to analyse the impact of the pandemic in Latin American coun- tries from the vitally important perspective of data protection. The use of the vital qualifier is not ano- dyne. The responsible use of personal data can be a powerful ally in countering the rampant pandemic and, indeed, several existing data protection frame- works in Latin America explicitly consider the preser- vation of life, safety, and health as legitimate grounds for the processing of personal data.' However, the lack of a dedicated and comprehensive legislation on data protection in many jurisdictions in the region, combined with various institutional and enforcement challenges (many specifically addressed in this Symposium), make the extensive data collection prompted by COVID-19 a major regulatory, social, and political conundrum. While representing an unprecedented challenge for humanity, the COVID-19 emergency offers an opportu- nity to reflect on the role of data protection in our soci- ety and its interaction with other rights and compelling societal interests, in particular health and physical * Professor at Fundaqio Getulio Vargas (FGV) Law School, where he heads the CyberBRICS project, and Director of the Latin American edi- tion of the Computers, Privacy and Data Protection Conferences (CPDP LatAm). ** Professor at Fundaqio Getulio Vargas (FGV) Law School, and Director of the MyData LatAm conference. The authors would like to sincerely thank the key partners and sponsors of the conference, notably Fundaqio Getulio Vargas (FGV), Facebook, the Open Society Foundations (OSF), and Future Privacy Forum (FPF), for funding scholarships granted to the authors of the submissions se- lected in response to a call for rapid response papers, which can be con- sulted at <https://cpdp.lat/en/call-for-rapid-response-papers/> accessed 28 January 2021. integrity, individual liberty, and the freedom to conduct business. Clearly the pandemic caught unprepared most countries in the region, exposing and increasing inequalities, claiming thousands of victims, leaving mil- lions unemployed and generating unquantifiable psy- chological damages that will last for years to come. The contributions featured in this symposium illustrate that the migration towards digital life that accompanied the more-or-less restrictive lock-down measures in the re- gion has not been driven by well-informed and holistic strategies, with privacy and data protection rarely (if ever) constituting a priority. The massive use of Information and Communication Technologies, to which citizens have been forced in or- der to maintain basic social and work interactions and get access to public services, can have substantial impact on the enjoyment of privacy and data protection. The application of these technologies (particularly, digital contact tracing) has been hailed with enthusiasm by governments portending to offer readily implementable solutions, that may allow them to cope with the pan- demic while managing increasingly distressed popula- tions. However, technological solutionism cannot be a valid response to the pandemic in the absence of a co- herent legal and governance framework which provides adequate guarantees both for individuals and collectives that may be affected. Such a framework must especially consider the underlying reality-one that in many areas 1 See for instance, art 7.VII and 7.VIII of the Brazilian General Data Protection Law, Lei Geral de Proteqio de Dados Pessoais (LGPD) 13.709/ 2018 <https://cyberbrics.info/brazilian-general-data-protection-law-lgpd- unofficial-english-version/> accessed 18 January 2021; art 10.c of the Colombian Data Protection Law, Ley Estatutaria 1581 de 2012 <https:// www.defensoria.gov.co/public/Normograma%202013_html/Normas/ Ley_1581_2012.pdf> accessed 18 January 2021; art 14 of Peruvian Law 29733/2011, Ley de protecci6n de datos personales <http:// www.pcm.gob.pe/transparencia/Resolministeriales/2011/ley-29733.pdf> accessed 18 January 2021. © The Author(s) 2021. Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissions@oup.com 1

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