Through periodic reports within the ¿Quién defiende tus datos? project, key digital rights groups in Colombia (Fundación Karisma), Perú (Hiperderecho), México (R3D), Brazil, (InternetLab), Chile (Derechos Digitales), Paraguay (TEDIC), Argentina (ADC), Spain (Eticas), and Panamá and Nicaragua (IPANDETEC), have been rating ISPs and holding them to account vis-à-vis privacy best practices and international human rights standards. Evaluating companies’ public statements, policies, service contracts, transparency reports, law enforcement guidelines, and judicial or administrative challenges to government demands for user data, each national edition assesses whether and how ISPs defend users’ privacy and protect their data.
The report we are releasing today provides an overview and comparative analysis of this series of editions. It highlights achievements and gaps throughout editions’ shared criteria, looking at companies’ data protection and digital security policies, how transparent ISPs are about government data demands, whether they notify users about data requests, and whether they require a previous judicial order to hand user data to authorities. It compares the performance of regional and global companies, like Telefónica and América Móvil, in countries the project covers. The imbalances this comparison reveals is a mix of gaps in companies’ commitments and in national law, which mirrors how weak or strong privacy safeguards are in countries’ legal frameworks. Moreover, the report describes how our partners’ studies revealed privacy issues during the COVID-19 pandemic, particularly the rise of data-sharing agreements with governments related to policies aimed at curbing the spread of the virus.
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