Duty LXD-6280
Serves under-18s, in Peru
Each law's tag says when it binds: since in force proposed proposed
Ley 29733, sensitive personal data and minorssince 3 lines
Ley No. 29733, arts. 2.5, 13.3, 13.6, 14.6 (sensitive data and children) · Read the law's page
- For sensitive data (biometric data that by itself identifies a person, racial or ethnic origin, income, political, religious, philosophical or moral opinions, union affiliation, or health or sex-life information), obtain the titleholder's consent in writing, in addition to the general consent requirements, and do not process it without that written consent unless a law authorizes processing without it on important public-interest grounds.
- Process health data without consent only where necessary, in a risk situation, for the titleholder's medical or surgical prevention, diagnosis, or treatment at a health establishment or by a health-sciences professional observing professional secrecy, for a public-interest or public-health reason the Ministry of Health has qualified as such, or for an epidemiological or similar study using an adequate dissociation procedure.
- Let a child or adolescent exercise their data-protection rights through their legal representative, and apply any special measure the regulation sets for processing a minor's personal data.
Reglamento de la Ley 29733 (Decreto Supremo 016-2024-JUS), sensitive data and the data of children and adolescentssince 5 lines
Reglamento Ley 29733 (DS 016-2024-JUS) sensitive data and children, arts. 8, 22-23, 25 · Read the law's page
- Obtain consent to process sensitive data in writing, by handwritten, digital or electronic signature or another form that guarantees the data subject's will, in addition to meeting the requirements of valid consent.
- Process a child's or adolescent's data only with the consent of the person holding parental authority or guardianship, or, for a person over fourteen and under eighteen, with the person's own consent according to capacity where the information is given in language the person understands; for digital services, over fourteen and under eighteen consent for themselves and under fourteen needs the parent or guardian.
- Do not take a child's consent as a way to give the child access to activities tied to goods or services restricted for the child's age.
- Do not collect from a child or adolescent data that reveal information about other members of the family group, such as the parents' occupation or economic information, without those persons' consent; collect only the parents' or guardians' identity and address, where needed, to obtain consent.
- On digital platforms and services, make reasonable efforts, taking available technology into account, to verify the identity of those who give consent for a child or adolescent.
Proyecto de Ley 9906/2024-CR, Ley de Seguridad Digital o Ciberseguridadproposed1 line
Proyecto de Ley 9906/2024-CR, introduced before the Congreso de la Republica on · Read the law's page
- Cooperate with public entities to maintain national cybersecurity where you operate as a private legal person in Peru (article 8).