The Processing-Susceptible Medium Factor is a key element in determining the applicability of Uruguay's data protection law. It extends the law's scope to personal data recorded in any medium that makes it susceptible to processing, as well as to any subsequent use of such data.

Text of Relevant Provisions

LPPD № 18.331 Article 3:

"The regime of the present law shall apply to personal data recorded in any medium that makes them susceptible to processing, and to any subsequent use of such data by the public or private sectors."

Decree No. 414/009 Article 2:

"The legal regime for the protection of personal data applies to its collection, recording, and all types of processing, whether automated or not, under any medium and mode of use, whether in the public or private sphere."

Analysis of Provisions

The Processing-Susceptible Medium Factor in Uruguay's data protection law is primarily defined in Article 3 of Law No. 18.331 and further elaborated in Article 2 of Decree No. 414/009. This factor significantly broadens the scope of the law's applicability.

Article 3 of Law No. 18.331 establishes that the law applies to*"personal data recorded in any medium that makes them susceptible to processing."* This broad definition encompasses a wide range of data storage methods, from traditional paper records to digital databases and emerging technologies. The provision does not limit itself to specific types of media, ensuring the law remains technologically neutral and adaptable to future developments in data storage and processing methods.

Furthermore, the law extends its application to*"any subsequent use of such data by the public or private sectors."* This extension is crucial as it covers not only the initial recording of data but also any future processing or utilization, regardless of the entity involved (public or private).

Decree No. 414/009 Article 2 provides additional clarity by specifying that the law applies to*"all types of processing, whether automated or not, under any medium and mode of use."* This reinforces the broad scope of the law, explicitly including both automated and manual processing methods.

The rationale behind this comprehensive approach is to ensure that personal data protection is not limited by the medium of storage or the method of processing. This factor recognizes that personal data can be vulnerable in various forms and at different stages of its lifecycle, from initial collection to subsequent use and processing.

Implications

The broad definition of the Processing-Susceptible Medium Factor has significant implications for businesses operating in Uruguay:

1. Comprehensive coverage: Companies must ensure compliance regardless of how they store or process personal data. This includes traditional databases, cloud storage, paper records, and any other medium that could potentially be used for data processing.
2. Ongoing responsibility: The law's application to "any subsequent use" means that businesses remain responsible for data protection even after initial collection and storage. This necessitates ongoing data management and protection strategies.
3. Technological neutrality: The law's applicability is not limited to current technologies, which means businesses must stay vigilant and adapt their compliance measures as new data storage and processing technologies emerge.
4. Equal treatment of public and private sectors: Both public and private entities are subject to the same standards, ensuring consistent data protection across all sectors.
5. Broad interpretation of processing: The inclusion of both automated and non-automated processing means that even manual handling of personal data falls under the law's purview.