Huella proposal

The trailer of the video installation Street vendors: Works in art collection Erasmus Huis Jakarta Photographs from the exhibition 'Jejak, kreativitas tersembunyi di tempat umum' 'Traces, hidden creativity in public space' are part of the art collection of Erasmus Huis Jakarta, and part of a private collection.

Huella proposal

Now that the 5th round of negotiations has begun today, we present our main concerns and recommendations regarding the protection of personal data.

Nov 17 The transfer of all types of data across borders. This provision directly conflicts with the human right to data protection and its regulation in Mexico covered by the Federal Law on the Protection of Personal Data Held by Private Parties and its Regulations, and should therefore not be admitted as proposed.

If one adds email providers such as Google Gmail or Microsoft Outlookthis means that a handful of American companies provide most of the services used by Mexican Internet users.

To accept that those who collect the largest amount of personal data could then transfer them without any restriction not only violates a human right, but is equivalent to let private companies use and manipulate the personal data of millions of people at will.

The non-obligation to use or establish local computing facilities.

Departure Dates 2015

Another objective of the United States in this renegotiation process is not to mandate service providers that operate on the Internet to establish a subsidiary in the country in which they do business.

This would allow them, for example, not to have to pay taxes in the country, and at the same time it would be an obstacle practically impossible for most people to overcome should they would wish to file a complaint against those companies.

If those companies did not have an actual place of business in Mexico, the mere fact of having to serve them notice in their own country would inhibit most lawsuits that could be taken against them. Every country must be able to impose on any company that wishes to carry out operations within its territory — even in cyberspace — as a minimum the obligation to respect the human rights of its residents and citizens as, in this case, it would be the protection of personal dataas well as taking measures to ensure that they can effectively access justice.

Huella proposal

The source code cannot enjoy absolute opacity and immunity. Although certain legal protections must be given to these codes as already provided by copyrightthis cannot imply that governments be forbidden to enact laws that would determine the cases in which they should know how this source code operates.

There are several reasons why this possibility is justified, among them the following: To monitor the processing of personal data. Most of our personal data are already processed automatically: Whether inadvertently or not, the automated operation of source code that runs Internet applications and platforms may produce discriminatory results.

As users, we are automatically categorized within certain profiles. Product or services to which we are getting access, credit card applications or, in general, the activities that we can carry out online are being increasingly determined by automated source code.

This is why it is essential to know how source code works, or otherwise get to suffer its consequences without knowing its causes. Therefore, considering that this type of measures tends to consolidate a digital colonization scheme, which in fact already exists, we propose the following measures: We reject the possibility of unlimited personal data transfers, and with this we need to ensure that any exchange of data respect the human right to data protection.

We cannot allow United States companies and of any country, for that matter to be exempted from having to comply with the Mexican legal framework; we do not prevent the government from requiring that companies use or establish local computer facilities. Source code absolutely cannot be opaque, so that its disclosure for certain lawful, legitimate and necessary purposes could not be prohibited.

No human right is a barrier to trade, just as no commercial consideration is more relevant than human rights.

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For this reason, and as we have done earlierwe will keep track of the advances in the NAFTA Agreement negotiations to ensure that none of the aspects mentioned in this statement are accepted by the Mexican government.Welcome to proposalCENTRAL.

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Huella proposal

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