1. Authors:
Laura Schertel Mendes
Bruno Ricardo Bioni
Flavia M. G. S. Oliveira
João Alberto de Oliveira Lima
Marcio Iorio Aranha
Methodology for Comparative Law Analysis on Personal Data Legal Protection
12th CPRLatam Conference, Cordoba, Argentina
July 1st-2nd, 2019
Communications Policy Research Latin America

2. To allow it or to block it
Data Flow
To allow it or to block it

3. Contents GDPR enforcement The TLICS Model 25 Legal Characteristics
7 Legal Institutions
Data Flow: To allow it or to block it
Data Flow index
CONTENTS etc... roadmap
Instead of beginning with the boring stuff (ICT&Development literature, institutional variables, comparative research, graphs) – I promise you all of this is the paper – I will tell you a story.
You might be thinking I will start talking about how empirical research should be aware of not mixing apples and oranges.
But I will take you all by assault saying that I am going to actually talk about apples...

4. It is not automatic

5. We admit!
BAD COOKIES
The Information Commissioner’s Office admitted that its use of cookies, small tracking files used to record information about visits to a website, was not up to standards set by the EU’s strict privacy laws. 
The GDPR requires organisations to ask permission before placing these files on someone’s computer, but the ICO’s own website says it relies on “implied consent”.
THIS is just one of several legal characteristics brought about by the GDPR and other legal regimes around the world.
SO, how can we not just check the requisites of personal data protection in each country, but also compare legal regimes to assert they have tantamount characteristics and allow for international transfer or flow of personal data?

6. Apples and Oranges
The main problem we face when we compare legal regimes – in this case, legal characteristics for personal data protection – is that each legal background uses a diferente terminology.
By applying the TLICS Model, we guarantee commensurability between the legal regimes that will be compared.

7. 25 personal data features
Anonymized data
Cross-border processing
Shared use of data
Liability of loss compensation
Sensitive data processing
Processing of children’s data
Erasure
Data protection officer
Impact report
Restriction of processing
Whe we look deep into the personal data protection regulation in Europe and Brazil, for instance, 25 characteristics pop-up.
With 25 specific features to compare, we are dealing with a taunting challenge.

8. 7 institutions Legal Person Legal Quality Legal Objects Legal Status
Personal Legal Relations
Legal Configurations
Objective Legal Relation
This is where a neo-institutional approach is required to gather all 25 features into 7 comprehensive sets.

9. THANK YOU
GRACIAS
OBRIGADO