As nations worldwide grapple with the dual challenges of safeguarding data and fostering technological innovation, South America emerges as a region with a unique narrative. With its diverse socio-economic landscapes, cultural richness, and varying levels of institutional development, South America’s journey in data law offers critical insights into the global dialogue on digital transformation. This blog post aims to provide an overview of South America’s data law, encompassing data protection, artificial intelligence, and data governance regulations.
The Evolution of Data Protection: From Influence to Innovation
South America’s embrace of data protection can be traced back to its adoption of European-inspired frameworks. Chile led the way with its 1999 data protection law, followed closely by Argentina in 2000 and Uruguay in 2008. These early laws mirrored the European Union’s Data Protection Directive, enacted in the EU in 1995, laying the groundwork for a continent-wide commitment to protecting personal data.
The introduction of the General Data Protection Regulation (GDPR) in the EU in 2018 marked a turning point. Brazil’s enactment of the Lei Geral de Proteção de Dados (LGPD) the same year exemplified the GDPR’s global impact, often referred to as the “Brussels Effect.” The LGPD not only introduced stringent rules for data processing but also established the Autoridade Nacional de Proteção de Dados (ANPD), which has been instrumental in enforcing the law, issuing sanctions, and fostering public awareness.
Most recently, in November 2024, Chile approved a comprehensive data protection law that updates the country to 2024 data protection standards, while Argentina and Colombia have proposed updates to their existing laws. These developments underscore a growing recognition of the relevance of data protection in today’s technological world. Nevertheless, challenges persist. Bolivia and Paraguay remain outliers, with limited or sector-specific regulations that fail to address broader data protection needs. Both countries have proposed comprehensive laws inspired by the GDPR, but their enactment is still pending. This patchwork of progress reflects the region’s diverse socio-political contexts and varying levels of institutional maturity.
Data Protection Authorities: Guardians of Digital Rights
The establishment of data protection authorities (DPAs) across South America has been pivotal in implementing and enforcing these laws. Brazil’s ANPD and Argentina’s Agencia de Acceso a la Información Pública (AAIP) are among the most active DPAs, driving compliance and fostering dialogue between stakeholders. Uruguay’s Unidad Reguladora y de Control de Datos Personales and Colombia’s Superintendencia de Industria y Comercio (SIC) also play critical roles in their respective countries.
However, disparities in enforcement capacity and resources remain. Regional initiatives like the Ibero-American Data Protection Network (RIPD) aim to harmonize efforts and promote cross-border collaboration, offering a pathway to more cohesive governance.
Artificial Intelligence: Ethical Horizons and Emerging Strategies
Artificial intelligence has emerged as a cornerstone of South America’s digital ambitions. Countries across the region are developing AI strategies to harness its transformative potential while addressing ethical and societal concerns.
Brazil’s 2021 AI Strategy exemplifies this forward-thinking approach. Organized around themes of governance, legislation, and ethical use, it aligns with the OECD AI Principles. Argentina’s 2019-2029 AI National Plan similarly emphasizes productivity and public sector innovation. Chile’s 2021 AI Strategy, rooted in principles of human rights and sustainability, highlights the importance of talent development and international collaboration. Other countries, including Uruguay and Colombia, have adopted strategies focused on public sector transformation and ethical AI adoption.
Despite these strides, the regulatory landscape for AI remains fragmented. While Brazil and Chile have advanced proposals that align with international norms, other nations are still in the early stages of drafting laws. The Declaration of Montevideo, signed in 2024, underscores the region’s commitment to ethical AI but also highlights the need for harmonized regulatory frameworks.
Regulatory Challenges and Innovations in AI
Unlike data protection, where the GDPR provides a clear benchmark, AI regulation in South America is still evolving. Brazil’s risk-based approach, inspired by the EU’s AI Act, represents a significant step forward. It categorizes AI systems based on potential risks and establishes governance measures to ensure accountability.
Other countries have adopted varying approaches. Argentina’s recent proposals reflect diverse political perspectives, while Chile’s draft legislation focuses on mitigating risks associated with biometric identification and algorithmic decision-making. Ecuador’s proposed AI authority emphasizes transparency and citizen engagement, signaling a commitment to participatory governance.
However, a cohesive movement to regulate AI from different countries is still yet to be seen in the region.
Data Governance: Building Digital Foundations
The COVID-19 pandemic sparked digital government initiatives across South America, highlighting the critical role of data governance in public sector transformation.
Brazil’s Digital Government Law and its central data-sharing platform are notable achievements, facilitating real-time data flows across government agencies. Similarly, Chile’s Digital Transformation Law implements the use of standardized platforms to ensure security and interoperability. Uruguay’s Interoperability Platform and Ecuador’s National System of Public Data Registers further illustrate the region’s commitment to digital integration.
Yet, broader data governance frameworks remain underdeveloped. Unlike the EU, which has introduced the Data Governance Act and Data Act to regulate the sharing and reuse of personal and non-personal data, South America’s efforts are largely confined to the public sector. The Digital Agenda for Latin America and the Caribbean (eLAC2026) offers a regional roadmap but falls short of comprehensively addressing non-personal data governance.
Bridging Gaps: The Road Ahead
South America’s journey in data law and AI governance reflects both significant progress and challenges. While countries like Brazil and Chile lead with robust frameworks and innovative strategies, others struggle with outdated laws and limited institutional capacity.
The influence of international standards, particularly the GDPR and EU AI Act, provides a valuable reference point for South America’s regulatory evolution. Regional initiatives like RIPD and the Declaration of Montevideo highlight the potential for collaboration in addressing shared challenges.
However, disparities in regulatory quality and enforcement capacity pose significant obstacles. Bridging these gaps will require concerted efforts to harmonize laws and promote cross-border collaboration.
