Privacy Law at Guatemala
Guatemala's data protection landscape is evolving, with a combination of constitutional rights, sector-specific regulations, and proposed legislation. Here's an overview of the current legal framework:
Constitutional and Legal Foundations
Constitutional Right to Privacy While Guatemala's Constitution does not explicitly recognize a general right to privacy, it does protect the inviolability of correspondence, documents, and books, safeguarding personal intimac
Access to Public Information Law (LAIP) This law governs the protection of personal data held by public institutions, defining personal and sensitive data, and criminalizing unauthorized commercialization or distribution of such dat
Criminal Code Provisions The Criminal Code addresses offenses like unauthorized use of information and the creation of illicit databases, reinforcing the protection of personal data
Health Code Protects personal health information, ensuring respect for individuals' dignity and privacy regarding their health status
⚖️ Proposed Data Protection Legislation
Guatemala is in the process of developing a comprehensive data protection law:
Initiative 6,105 Introduced in 2022, this bill aims to establish a general data protection framework. It has received a favorable opinion from the Transparency and Probity Commission and is awaiting further debates in Congress
🛡️ Sector-Specific Regulations
**Cybersecurity Law (Decree 39-2022)*: Enacted in 2022, this law addresses cybercrimes, including violations of personal data, and establishes the Institutional Security Center for Technical Response to Computer Incidens.
*Superintendency of Banks Regulations: Financial institutions are subject to specific data protection obligations under the supervision of the Superintendency of Bans.
✅ Compliance Recommendations
Organizations operating in Guatemala should:
*Adhere to Existing Laws: Comply with the LAIP and sector-specific regulations concerning data protectin.
*Prepare for Upcoming Legislation: Stay informed about the progress of Initiative 6,105 and be ready to implement its provisions once enactd.
*Implement Data Protection Measures: Establish robust data protection policies and practices to safeguard personal informatin.
*Monitor Regulatory Developments: Keep abreast of any new regulations or amendments related to data protection.
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