Law / Guatemala

Constitución Política de la República de Guatemala, Art. 31 (habeas data)

Const. Pol. de la República de Guatemala, art. 31 (acceso a archivos y registros estatales)

In force since .

A data subject rights rule binding government bodies.

Obligation class
Data subject rights, Disclosure
Audit expectation
none

What it requires

  • This provision binds government bodies, not private services; a private app is not itself the addressee of this duty.
  • A state entity holding records about a person must, on request, disclose what it holds, the purpose for which it is used, and correct, rectify, or update it on request.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST Privacy Framework
  • CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
FINOS AIGF

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Enforcement body

Corte de Constitucionalidad (constitutional amparo review); no dedicated data-protection authority exists

What it makes you log

Logging duty

Article 31 gives every person the right to know what state archives, files and registries hold about them and the purpose for which it is used, with correction, rectification and updating, and bars registries of political affiliation other than those of the electoral authorities and political parties. It is a right against state registries. It does not require any body to make, keep or produce a log of its processing, and it names no audit and no party who may demand a record beyond the person's own right to know. The article states no territorial clause, so the hook is empty.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 31 gives every person the right to know what information state files, records, or any other form of state registry holds about them, the purpose for which that information is used, and the right to its correction, rectification, and updating. The article separately bars records or files of political affiliation, except those the electoral authorities and political parties themselves keep.

The right reaches only archivos and registros estatales, the state's own records, so it does not on its own terms bind a private-sector data controller.

When LexLint raises it

When your app profile says your app processes personal data.

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