Privacy Law at Bolivia
Bolivia's data protection landscape is evolving, with foundational legal principles rooted in its Constitution and sector-specific regulations. Here's an overview:
Constitutional and Legal Framework
1. Constitutional Rights
Article 21.2 of the Bolivian Constitution guarantees the right to privacy, including protection against arbitrary interference with personal data. It introduces the habeas data action, allowing individuals to seek judicial remedies for unauthorized data processing.
2. Sector-Specific Regulations
Law No. 164 (2011) The General Law on Telecommunications, Information and Communication Technologies regulates data protection for entities involved in digital certification, e-government, and electronic communication. It mandates technical and organizational security measures and grants individuals rights to access, rectify, and delete their personal data.
Supreme Decree No. 1793 (2013) This decree establishes additional requirements for entities under Law No. 164, emphasizing transparency, consent, and data securit. It also outlines penalties for non-compliance, including fines based on a percentage of the offender's gross income.
⚖️ Enforcement and Penalties
Enforcement is primarily overseen by the **Telecommunications and Transport Authority (ATT)*. Penalties for non-compliance can include administrative fines and, in severe cases, criminal charges under the Penal Cod. For instance, unauthorized data disclosure can result in imprisonment ranging from 1 to 5 year.
🧭 Current Development
Bolivia is in the process of developing a comprehensive data protection law, Several bills are under consideration in Congress, aiming to establish clearer guidelines for data processing, consent, and individual righs. These initiatives reflect Bolivia's commitment to aligning with international data protection standards.
📌 Summary
While Bolivia lacks a unified data protection law, existing constitutional provisions and sector-specific regulations provide a framework for personal data protection. Ongoing legislative efforts aim to enhance and consolidate these protections in the near future.
RELATED Blog
0 comments