Abstract

Advances in the field of computing have had a great impact on the processing of personal information. A consequence of this situation is the approval and recent application (2018) of the General Data Protection Regulation of the European Union (gdpr), a regulation to which an extraterritorial vocation is attributed. The importance of the Regulation is associated with the nature of the fundamental right recognized in Europe to the protection of personal data. In contrast, despite the concern about the issue in Latin America and its development in the constitutional and legal sphere, in this region this development has an asymmetrical character, a scenario that requires determining the state of the art with respect to this disparity. The above aspects, linked to the review of other elements deduced from the European Regulation, will allow us to contribute to the discussion on the challenges that the fundamental protection of personal data in Latin America must face, in view of the application of the gdpr.