– GDPR (General Data Protection Register). Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in EU countries.
– LOPD (Organic Law on the Protection of Personal Data). Organic Law 15/1999, of December 13, and Royal Decree 1720/2007 (Regulation of development of the LOPD), of December 21, which regulates the treatment and obligations of the personal data of users by those responsible for the web.
– LSSI (Law of Information Society Services and Electronic Commerce). Law 34/2002, of July 11, 2002, regulates transactions by electronic means.
Personal data protection is regulated by the Personal Data Protection Law No. 25,326 (“LPDP”). This regulatory framework is complemented by other regulations such as:
– Constitution of the Argentine Nation in its Article 43, third paragraph.
– Decree No. 1558/2001, as amended, regulating the Personal Data Protection Law No. 25,326 (“LPDP”).
– Law 27.483 (adhesion to the Convention for the Protection of Individuals concerning Automatic Processing of Personal Data, of Strasbourg, France).
– Law on the Right of Access to Public Information No. 27,275.
– Provision E 60 / 2016 – Resolution 159/2018 (Guidelines and basic contents of binding corporate rules).
Colombian regulations on data protection are detailed below:
– Arts. 15 and 20, Political Constitution of Colombia.
– Statutory Law No. 1266/2008 (“Law 1266”)
– Decree No. 2952/10 (“Dec. 2952”), as compiled in Decree No. 1074 of 2015
(“Dec. 1074”)
– Decree No. 1727/2009 (“Dec. 1727”), as compiled in Decree No. 1074 of 2015 (“Dec. 1074”), as compiled in Decree No. 1074 of 2015 (“Dec. 1074”).
2015 (“Dec. 1074”)
– Law No. 1273 of 2009 (“Law No. 1273”)
– Statutory Law No. 1581/2012 (“Law 1581”)
– Decree No. 1377/2013 (“Dec. 1377”), as compiled in Decree No. 1074 of
2015 (“Dec. 1074”)
– Law No. 1712/2014 (“Law 1712”).
– Decree No. 886/2014 (“Dec. 886”), as compiled in Decree No. 1074 of 2015
(“Dec. 1074”)
– Law No. 1928/2018 (“Law 1928”)
– Decree No. 090 of 2018 (“Dec. 090”)
– Sole Legal Circular of the Superintendence of Industry and Commerce.
The right to privacy is protected in Costa Rica by Article 24 of the Constitution, which states that citizens have the right to have their privacy to be protected by the State.
Specifically, Personal Data is regulated through the Law for the Protection of the Person against the Processing of Personal Data Law No. 8968, in force since September 5, 2011 (hereinafter referred to as “Law 8968”), and the Regulation to the Data Protection Law No. 37554-JP in force since March 5, 2013.
The protection of personal data is regulated by the Organic Law on the Protection of Personal Data (“LOPDP”).
Personal Data Protection Law (“LOPDP”). This regulatory body entered into force on May 26, 2021.
Mexico has the following regulations in this area, applicable to individuals or private companies:
– Federal Law for the Protection of Personal Data in Possession of Private Parties.
(2010) (“LFPDPPP”).
– Regulations of the Federal Law for the Protection of Personal Data in Possession of Individuals (2011) (“LFPDPPP Regulation”).
– Privacy Notice Guidelines (2013) (“LAV”).
– Parameters for the Correct Development of Binding Self-Regulatory Schemes (2013).
– Rules of Operation of the Registry of Binding Self-Regulatory Schemes.
(2015) (“ROREAV”).
It is worth mentioning that Mexico also has regulations related to the protection of personal data held by the public sector, and specifically the General Law for Protection of Personal Data in Possession of Obligated Subjects (2017) (“LGPDPPSO”), the analysis of which is not included in this document.
Law 81 on Data Protection, regulated by
Executive Decree 285 of May 28, 2021.
Protecting personal data in Paraguay is regulated by several provisions directly or transversally.
Law No. 6,534/2,020 on “Protection of Personal Credit Data” was recently enacted on October 27, 2020, repealing Law No. 1,682/2,001 and its amendments, and establishing a new regime for the protection of personal data and information in Paraguay. This regulatory framework is complemented by other norms such as:
– Constitution of the Republic of Paraguay (1992) (Art. 33 “Right to Privacy”, Art. 36 “Right to the Inviolability of Documentary Heritage and Private Information”, Art. 45 “Of the Rights and Guarantees or statements”, Art. 135 Habeas Data).
– Law No. 4.868/2.013 of “Electronic Commerce”.
– Law No. 4.017/2.010, “On Legal Validity of the electronic signature, the digital signature, data messages and electronic file”, including its amendments and extensions.
– Law No. 861/1996 “General Law on Banks, Finance Companies and other Credit Institutions”.
– Law Nº 5.830/2.017 “Which prohibits unauthorized advertising by mobile telephone users”.
– Law No. 5.282/2.014 “On free access of citizens to Public Information and Governmental Transparency.”
The personal data protection regime is composed of the following regulations.
– Political Constitution of Peru (1993), Article 2 N°6.
– Law 29.733 – is known as the ‘Personal Data Protection Law’ (“LPDP”).
– Supreme Decree 003-2013-JUS, which regulates the LPDP. (“Supreme Decree”).
– Directorial Resolution 019-2013-JUS/DGPDP, Directive for the Security of the Information Managed by Personal Data Banks.
– Directorial Resolution 080-2019-JUS/DGTAIPD, Guide to the Duty to Inform.
– Directive 01-2020-JUS/DGTAIPD, on the Treatment of Personal Data by means of Video Surveillance Systems, approved by Directorial Resolution 02-2020-JUS/ DGTAIPD.
– Emergency Decree 007-2020, Digital Trust Framework Law.
– Ministerial Resolution 326-2020-JUS, Methodology for the Calculation of Fines in the Area of
Personal Data Protection.
This is Law No. 172-13, which has as its objective the integral protection of personal data recorded in files, public records, data banks, or other technical means of data processing intended to provide reports, whether public or private. G. O. No. 10737 of December 15, 2013.
Uruguay has a wide range of data protection regulations; we identify the most relevant:
-Law No. 18.331″ Protection of Personal Data and Habeas Data action” (“Law No. 18.331”)
-Regulatory Decree No. 414/009 (“Dec. 414/900”)
-Law No. 19.670 – Sections 37 to 40 (“Law 19.670”)
-Law No. 19,030 (“Law 19.30”)
-Regulatory Decree No. 64/020 (“Decree 64/020”)
-Regulatory Decree No. 664/008 (“Dec. 664/008”)
-Regulatory Decree No. 242/017 (“Dec. 242/017”)
-URCDP Resolution No. 1,647/010 (“URCDP Resolution”)
URCDP Resolution No. 23/021
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