Defending privacy through litigation in the global south

Date: Monday, March 5, 2018
Time: 03:45 - 04:45 PM
Room: La Factoria
Skill Level: Advanced
Language: English
Duration: 1 hour(s)
Format: Advocacy, Policy and Research
Presenter: Romina
Other Presenters: Privacy International (Scarlet Kim - Scarlet <>)
In many countries, particularly in Latin America, there are plenty of opportunities to defend privacy through litigation: rights are not properly enforced, some laws are obsolete,aren’t in line with Human Rights obligations, or impunity prevail. Based on Datos Protegidos own research and the expertise gained in the last years, we identify some common trends and tools that we can leverage through a community of legal privacy practitioners, mainly in Latin America but applicable to other regions. Among those tools are public information requests, data subject access requests; data protection, consumer, criminal and constitutional litigation; and regional human rights tools. In the session, Datos Protegidos will discuss about these different tools, presenting a webpage related with that project and fostering their proposal for regional privacy litigation hubs, while Privacy International will present their litigation work on surveillance, and explore collaboration avenues with other participant organizations, to help them navigate the EU/UK/USA legal framework to request relevant information or intervene in relevant cases.
Target Audience:
- People with legal background and experience, either in national legislations or human rights systems. - Skilled lawyers and technologists looking for new ways to access and enforce data protection issues. - Organizations interested on the articulation of networks of legal practitioners interested in sharing their challenges and experiences. - Activists interested in building a robust and comprehensive concept of privacy, and moving forward to an express recognition of rights connected with digital era.
Desired Outcome:
- Learn and discuss about legal tools available to litigate privacy rights, using the presenters’ experience as a starting point. - Explore collaboration avenues between organizations interested on privacy litigation. - Discuss a proposal, previously presented in LAVITS 2017 in Chile, to build such formal collaboration mechanisms. -Present the commitments made by the organizations in a web platform. -Open the space to other actors. - Receiving the feedback about the web platform.