Similarities and singularities of the data protection laws of the south American countries

This study explores the main convergences and singularities of data protection and privacy laws in South America. It begins with a historical overview of privacy rights, tracing their evolution from the foundational concept of the “right to be left alone” to the contemporary legal emphasis on consent, personal data lifecycle management, and information security. The research employs a qualitative methodology combining content analysis and the study of foreign law and using the ATLAS.ti software, the authors coded and analyzed privacy and data protection legislation from eight South American countries: Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, and Uruguay. The findings reveal a significant degree of alignment among these laws, not only in common terminology such as data subject, controller, and data processing, but also in a shared normative core of principles and data subject rights. Despite these similarities, the study highlights key national distinctions. Brazil’s legislation uniquely defines the use of personal data in scientific research. Ecuadorian law stands out for recognizing the rights of deceased individuals and establishing certifying entities to oversee data protection compliance. In contrast, Paraguay's law is explicitly focused on personal credit data, reflecting a more limited scope. By comparing these regional legal frameworks, the article contributes to a deeper understanding of how global privacy standards are adapted within diverse national contexts in South America.