The 34th International Conference of Data Protection and Privacy
Commissioners was held in Uruguay on October 23 and 24, 2012. The
purpose of the International Conference is to bring together data
protection and privacy commissioners around the world to discuss
emerging issues, share knowledge and promote international
cooperation on projects.
The closed session of data protection and privacy commissioners
"Uruguay Declaration on Profiling" dealing with the use
of Big Data, and two resolutions – one dealing with cloud
computing and the other dealing with "the future of
Uruguay Declaration on Profiling (Big Data)
In the Uruguay
Declaration, the International Conference recognized "the
many useful applications of big data and the advantages large data
collections could bring to, among others, healthcare, energy
efficiency and public safety." However, the International
Conference also outlined the risks of profiling and the potential
lack of accountability regarding the quality of data. The
International Conference reaffirmed the principle of purpose
In addition, International Conference set out eight that data
protection and privacy commissioners should consider when dealing
with profiling activities:
Public and private entities must be transparent about
profiling, the way profiles are assembled and the purposes for
which they are being used.
Profiling operations should have three phases: (i)
identification of the need; (ii) identification of the assumptions
and data that will form the basis of the profile; and (iv) how the
profile is to be applied in practice. Each phase should be subject
to separate decisions and regulatory oversight.
Profiles and the underlying algorithms must be continuously
Profiling operations should not be fully automated. Human
interventions should be required to avoid injustice to individuals
subject to fully automated false positive or false negative
The creator and user of the profile should not be the
Individuals should be permitted to challenge the profile.
Authorities should ensure that they have sufficient enforcement
power and knowledge to supervise public and private sector
Privacy enforcement authorities should have the power to test
and challenge government proposals given the government's
access to large public and private databases.
Cloud Computing Resolution
The International Conference also resolved to encourage efforts
and reduce risks associated with cloud computing given its
potential to create economic efficiency, lower environmental
impact, simplify operation and increase user-friendliness. However,
the International Conference recommended in its resolution
Cloud computing should not result in a lowering of data
Organizations should carry out privacy impact and risk
assessments prior to engaging in cloud computing;
Cloud service providers should focus on transparency, security,
accountability and trust, particularly regarding information on
data breaches and contractual clauses that promote data portability
and data control by cloud users;
Continuing efforts should be made to develop standards and
certifications and privacy by design in cloud computing
Legislators should assess the adequacy and interoperability of
legal frameworks to facilitate cross-border transfers of data;
Privacy and data protection authorities should continue to
engage with stakeholders.
Future of Privacy Resolution
In recognition of globalization and cross-border transfers of
information, the International Conference renewed calls for
international cooperation and coordination on data protection and
privacy rules to bring national laws into harmony.
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