Organization of American States (OAS). Treaty / framework. Principles (soft law)

OAS Updated PrinciplesInter-American Juridical Committee Updated Principles on Privacy and Personal Data Protection

In force

Partly verified

Low confidence. The April 2021 CJI approval is confirmed indirectly (a SIC Colombia article from 2021 says 'approved last April'). The resolution number, the GA action and the publication URL were not verified.

§1Summary

Synopsis

Thirteen non-binding principles to guide OAS member states in adopting or updating data protection laws. They cover legitimate purpose and fairness, transparency and consent, relevance, limited retention, confidentiality, security, accuracy, access and correction, sensitive data, accountability, cross-border flows and independent authorities.

Key themes

principles
consent
sensitive data
accountability
cross-border flows
independent authority

Unique features

The update accounts for the GDPR and Convention 108+ while staying compatible with Inter-American human rights law and the habeas data tradition.

SaaS relevance

Background for Latin American national law; no direct obligations.

§2Obligations

Breach notification: Recommended (security principle)
DPO: No
Cross-border transfers: Transfers to jurisdictions with comparable protection or with safeguards
Maximum penalty: None

§3Dates

Key dates

Adopted April 2021
In force April 2021
Replaces the CJI 2015 Principles (from the 2012 proposal); approved by the Inter-American Juridical Committee in April 2021 (98th regular session); the General Assembly took note in 2021

§4Text and authority

Text

Authoritative text oas.org

Authority

OAS Inter-American Juridical Committee; Department of International Law

§5Where it applies

Members of the body

Membership-based — check ratification status. Membership of Organization of American States (OAS) does not mean a state has signed or ratified this instrument.

§6Sources and verification

Sources consulted

Verification

Low confidence.

Partly verified