Agencia de Proteccion de Datos
P. de la Castellana, 41 - 28046 MADRID

The representatives of the Latin American countries, the Authorities of Control mentioned in Article 29 of Directive 95/46/EC and the European Union (Directorate General XV thereof) have held a meeting in Madrid (Spain), from the 12th to the 13th June, 1997, concerning the protection of physical persons with regard to the processing of personal data.

As a consequence of the discussions held therein, they VERIFY:

• The non-existence, in all countries comprising Latin America, of a general and specific legislation pertaining to the protection of physical persons with reference to personal data treatment and to free movement of this type of data, governed by principles such as thoses of consent, purpose, proportionality, truthfulness and security and in the context of which the exercise of the rights of information, access, amendment, cancellation and oppostion are both recognised and permitted.

In view of the above, bearing in mind that, as recital 2 of Directive 95/46/EC provides "data treatment systems are for the service of man; and must, regardless of the nationality or residence of physical persons, respect the fundamental rights and freedoms of physical persons and, in particular, their intimacy, and contribute towards economic and social progress, the development of interchanges, as well as the welfare of individuals", THEY RESOLVE to undertake the following measures:

• To encourage, vis-á-vis the Governments of their respective countries, the implementation of concrete measures in the context of the protection of individuals in the processing of personal data;
• To request the Conference of Ministers of Justice of the Latin American countries to introduce in the order of business of its next meeting the question of the protection of automated personal data and, in pursuance of the Recommendations already approved in previous meetings, to examine the possibility of adopting a model law pertaining to the protection of physical persons with regard to the processing of personal data and the free movement of such data;
• To notify the Article 29 Group of any legislative change which may occur in any country, so that the aforesaid Group may fulfil better the tasks entrusted in Article 30 of the Directive and, specifically, in paragraph 1.b) thereof;
• For the Control Authorities comprised in the Article 29 Group, to put at the disposal of the Latin American countries any information whatsoever may prove useful for the purposes of the present document. Inter alia, to send to those countries the anual report on the protection of physical persons situation, to which paragraph 6 of Article 30 of the directive refers;
• To propel, as far as possible, the establishment of bilateral contacts between the European Union (Directorate General XV) and the Latin American countries, as well as with zhe International Organisations to which the latter may belong.