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What is Data Protection?
Data Protection is a right to privacy that people
have against possible unauthorized use of personal
information by a data processor. The object of this
discipline is to protect the privacy of a person at risk for
the collection and misuse of personal data.
Data Protection also allows people to know who and
for what purposes it processes the personal data, and may
object the improper use. Control over personal data consists
in the possibility of opposing the prosecution and/or
obtain, correct and object to the use of them once they have
been obtained by a processor or a third party. |
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In any case, the processing must be fair, legitimate, and
for a limited purpose.
On one hand, data protection allows people more
control over they way they share their data with data
processors, either the State or an individual. On the other,
it establishes the obligations of data processors: they must
obtain the free and informed consent of the person prior to
processing; ensure measures to guarantee the integrity and
confidentiality of data; and in case of sharing information,
it must ensure that third parties comply with the same level
of protection. When a breach occurs by the data processor,
the person may object requesting the correction or deletion
of personal data.
What does Personal Data means?
Personal data refers to all personal information of any kind
referred to people. Thus, it not only refers to private
information of the person, but to any kind of data, whether
or not private, that may affect rights if used by data
processors.
Why is Data Protection important?
Advances in computer technology, medicine and biotechnology
led to an increase in the processing of personal data in
various spheres of economic and social activities,
presenting complex technology challenges. On the other hand,
progress in technology and electronic commerce makes the
treatment and exchange of data across international
boundaries become easier and necessary. Therefore, it is
important to protect personal data while fostering the
continued flow of information, advances in technology and
electronic commerce. However, the meaning of private life
and the origins of an individual’s right to privacy vary as
policies and laws that govern this right differ from country
to country, so new rules and regulations have become a
necessity to develop the use of personal data to ensure the
fundamental rights involved. |