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LAW AND THE INTERNET - Coggle Diagram

- - - - Approximation and evolution in the United States Some of the first regulations on this matter in the United States arose with the creation and implementation of the national postal system in 1775, a technological innovation at that time that was intended to promote trade between the different states.
        
        Years later, in 1782, Congress passed a law to protect the content of postal communications. The clearest origin of the field of data protection can be found in the United States in the essay published as an article in the Harvard Law Review as "The Right to Privacy" by Warren and Brandeis in 1890 (1) where what is now considered the most accepted definition of privacy.
      - The protection of personal data is the set of legal and computer techniques aimed at guaranteeing the rights of people over the control of their personal information and over the confidentiality, integrity and availability of this.
        Data privacy is related to regulations. It is guaranteed that each individual can control their personally identifiable information (PII). Understanding the relevance of data privacy is important for businesses and on a personal level.
        
        What if we don't have privacy?
        The loss of privacy is the main risk when sharing private information, leading to public exposure of the privacy of minors. Once published on the Internet, it can be difficult to delete such content, leading to more problems in the future. This can also mean: Damage to your reputation.
        
        The principles that inform privacy and the protection of personal data constitute a structural part of the legal systems on the matter, as they fulfill a double function, of interpretation and integration of the normative system.
        They are the most valuable and useful means for those responsible and in charge of the treatment that seek to carry out an adequate processing of personal information, particularly when they have to face the risks of misuse of information and communication technologies.
- - - - There are the following guiding principles of Internet Governance:
        
        Voluntarism: It deals with the participation of the public and users in determining the success of Internet technical policies, therefore it is not defined by a central authority.
        
        Innovation without permission: The ability of individuals and organizations to create and use new standards, applications or services should not be restricted or regulated, so anyone has the power to create a new Internet application without having to obtain authorization from a central authority.
        
        Pragmatic and evidence-based approaches: Discussions, debates and decisions related to Internet governance must take into account and be based on objective and empirical information.
        
        Collective supervision and empowerment: It is necessary to develop governance structures and principles in an environment of strong cooperation among all stakeholders, where each one contributes their own skills to ensure the security, stability and resilience of the Internet.
        
        To understand how the Internet is managed, it is necessary to know a little about its history. The original ARPANET is one of the components that eventually evolved to become the Internet.
        As its name suggests, the ARPANET was sponsored by the Defense Advanced Research Projects Agency (DARPA) within the United States Department of Defense During the development of the ARPANET, a numbered series of Request memos for Comments (RFCs) documented technical decisions and work methods as they were developed.
        Today's Internet standards are still documented by RFCs.
        Between 1984 and 1986, the US National Science Foundation (NSF) created the foundation for NSFNet, using TCP/IP, to connect to its supercomputing labs. NSFNet became a general-purpose research network, a hub for connecting supercomputing centers to each other and to the regional research and education networks that would, in time, connect the networks on university campuses.
        The combined networks became known generally as the Internet. By the end of 1989, Australia, Germany, Israel, Italy, Japan, Mexico, the Netherlands, New Zealand, and the United Kingdom were connected to the Internet, which had already grown to over 160,000 hosts.
        In 1990, the ARPANET was formally terminated. In 1991, the NSF began to relax its restrictions on commercial use on NSFNET, and commercial network providers began to interconnect. The final restrictions on carrying commercial traffic ended on April 30, 1995, when the NSF ended its sponsorship of the NSFNET Backbone Service and the service was terminated. Today, nearly all of the Internet infrastructure in the United States, and much part in other countries, is provided and owned by the private sector.
        Traffic is exchanged between these networks, at major interconnection points, in accordance with established Internet standards and trade agreements.
        
        Latin American statement:
        Internet governance challenges in the region
        
        Access and strengthening of diversity on the internet
        
        Protection of the privacy of users
        
        Strengthening of freedom of expression on the internet
        
        Strengthening the right of access to culture and knowledge
        
        Protection of net neutrality
        
        Cybersecurity respectful of human rights
        
        Commitment to participatory processes of Internet governance.
- - - - The data and its correct exploitation can generate great value, but that should not be the only objective of data governance.
        Among others, when it comes to personal data, natural persons must have control of their own data and their rights and freedoms must be guaranteed in accordance with the GDPR, which even goes as far as granting the interested parties the possibility of supervising the treatments and the person responsible for personal data purposes. of transparency.
        The processing of personal data must be supported by the effective implementation of the principles of personal data protection, taking the appropriate measures and offering sufficient guarantees.
        
        Data has value when its quality is ensured, which guarantees that the information obtained is really useful to feed the decision-making processes of the entity.
        Data quality is measured by its accuracy, timeliness, relevance, completeness, reliability, and contextual definition.
        Good data quality requires effective data management. To promote effective data management, it is important to have a data governance process, which leads the organizations that develop it to have adequate information management in the entity.
        
        Data governance is inherently an integration challenge, forcing organizations to take a holistic approach. Data that exists and is exploited only in one department or group only generates value within that part of the organization. The moment data is shared it becomes a business asset that must be governed to protect it and maximize its value to the entire organization.
        
        Data Governance Goals
        The objectives of Data Governance must be aligned with the objectives of the organization in which it is integrated.
        In general, the main objectives of data governance are:
        
        Allow better decision making.
        
        Train management and the entity in general to adopt common approaches in relation to data.
        
        Establish repeatable procedures and processes.
        
        Reduce costs and increase efficiency by coordinating efforts.
        
        Reduce operational friction.
        
        Protect the needs of interested parties related to data.
        
        Ensure transparency of processes.
        
        When personal data is being processed, data governance must be committed to protecting people's privacy, their rights and freedoms, applying the appropriate guarantees, and therefore must integrate the organization's data protection policy.
- - - - Personal data simply refers to records or other information that, alone or linked with other data, can reveal the identity of a living person. So, for example, you can use numbers instead of names as identifiers in a survey, but if you keep another record linking those numbers to real names, each record is considered to contain personal information.
      - Basic principles of data protection
        The OECD defines certain basic principles that, complemented by other standards and measures, facilitate the protection of privacy and individual liberties. (OECD, 2002)
        
        Principle of limitation in data collection
        
        Principle of data quality
        
        Principle of purpose specification
        
        Principle of limitation of use
        
        Principle of safeguarding security
        
        Principle of transparency
        
        Principle of individual participation
        
        Principle of responsibility.
        
        Data processing consists of each and every one of the operations carried out with a person's data. These operations include activities of collection, reception, reproduction, extraction and storage, among others, of this information.
        
        Mexico has a law that regulates the processing of personal data by private sector companies since July 5, 2010, that law is called the Federal Law for the Protection of Personal Data Held by Private Parties or the Data Protection Law.
        
        Privacy and data protection are important human rights that we must seek to protect. In Panama, the right to privacy is protected in Articles 29, 42 and 43 of the Constitution. Similarly, the American Convention on Human Rights, ratified by Panama, establishes in its article 11 the protection of the right to privacy.
- - - - In the case of Panama, we did not have a specific law that regulated the Protection of Personal Data, we only had general provisions on the matter, such as the National Constitution, Law 68 of 2003 that regulates the rights and obligations of patients in matters information, Law 24 of May 22, 2002, which regulates the credit history information service, among other special laws.
        The absence of a special Law on the Protection of Personal Data left a great void in our legislation on the issue of how the personal information of our citizens should be adequately treated and that would provide real protection to our private life and other fundamental rights and freedoms.
        
        That is why, on March 26, 2019, Law 81 on the Protection of Personal Data was approved, which came into force as of March 29, 2021. This Law establishes the principles, rights, obligations and procedures that regulate the protection of personal data in our country.
        
        What are the infractions and sanctions imposed by this new Law?
        The infractions will be considered as minor, serious or very serious and the sanctions can be, from a summons before the National Authority for Transparency and Access to Information (ANTAI), which is the regulatory body for these issues, to the suspension and disqualification of the activity of storage and/or processing of Personal Data.
        The law establishes that the ANTAI will set the amounts of the applicable sanctions and proportionally to the seriousness of the offenses that will be established from one thousand ($1,000.00) to ten thousand dollars ($10,000.00).