Transborder Data Flow

Overview

We assume that there are self-regulating policies in place regarding privacy law in Venezuela. Venezuela does not place a high priority on trans-border data flows as Europe and the United States. As the country furthers its technological advances, the possible controversy over privacy issues may be brought into the legal framework. The Andean Community Commission has made a decision regarding the dissemination of personal information. Furthermore, censorship of adult content exists in the country. However, the enforcement of such censorship remains questionable.

Andean Community Commission--Decision 439

Since Venezuela is a member of the Andean Community, it must abide by the decisions made by the Andean Community Commission. Included in Decision 439, is an agreement regarding privacy of personal information.

Article 11 of this decision is restated below:

Article 11.- Without prejudice to what is provided under this General Framework, each Member Country may adopt or apply the necessary measures to:

a. Protect public morals or to maintain the public order;

b. Protect the human, animal and plant life and health, and conserve the environment;

c. Protect essential national security interests;

d. Guarantee the imposition or the equitable and effective collection of direct taxes with respect to services or service providers of other Member Countries, even if such measures are inconsistent with the national treatment obligation contained in article 8;

e. Implement provisions for avoiding double taxation contained in international agreements signed by the Member Country, even if such measures are inconsistent with the obligation stipulated in article 7 to provide most-favored-nation treatment; and

f. Obtain the enforcement of laws and regulations concerning:

g. The prevention of deceptive and fraudulent practices or related to the effects of default on services contracts;

h. The protection of the privacy of individuals with regard to the processing and dissemination of personal data and the protection of the confidential nature of the records and accounts of individuals; and

i. Public safety.

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