Sunday, August 31, 2003

Opt in for Spam in Chile

Chile plans to regulate spam in the consumer protection field. See section 20 B of the Bill.
More info here Information provided by Renato Jijena.

Tuesday, August 26, 2003

Brazil- Open Source

The Brazilian Congress has created the so-called Parliamentary Coalition for Free Software, a committee that aims at expanding information technology in Brazil. According to a Committee member, Brazil would only be able to develop information technology on a large scale by means of free software. Furthermore, the president of the National Institute of Information Technology disclosed that free software will be treated by the Federal Government as a governmental public policy.

Source: Baker & McKenzie Alert Date: 08/25/2003 at

Jurisdiction decision for Spam cases in Argentina

On 8/21/2003 the civil and commercial court of appeals of Buenos Aires decided that it has jurisdiction to hear a spam case. The case was remanded to the district court for a hearing and an injuction is going to be requested by the plaintiff. A commercial judge of the city of Buenos Aires have previously ruled that he does not have jurisdiction to hear the case based on the matter (privacy) and the provisions of the data protection law. The case is based on the data protecton act of Argentina and plaintiffs are requiring and injuction and an order to be erased from the spam database.

Thursday, August 21, 2003

Spam in Colombia

In the second judicial decision in Latin America related to spam (the first one was in Brazil) a judge ordered the defendant to stop sending unwanted emails to the plaintiff. The judge based its decision in the habeas data clause of the Colombian Constitution.

See decision at

Monday, August 18, 2003

Peru: New data protection bill

In Peru a new data protection bill is proposing to protect the personal and familiar right to privacy. The bill was introduced by Rep. Celina Palomino Sulca.-
See Text of the Bill.

Saturday, August 16, 2003


This is a follow-up of my web page related to Data Protection and Habeas Data in Latin America located at

Friday, August 08, 2003


August 8, 2003. In a meeting with Peter Eigen, from Transparency International the Ministry of Justice of Argentina said yesterday that the Senate must approve the FOI Bill to bring transparency to the Administration. See La Nacion, 8-8-20