GuatemalaLey de Acceso a la Información Pública, Decreto 57-2008 (hábeas data)
Ley de Acceso a la Información Pública, Decreto Número 57-2008, arts. 30 and 33-35 (hábeas data)
In force since .
A data subject rights rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Adopt procedures to receive and answer requests from data subjects or their legal representatives for access to and correction of personal data, and train staff and publish the entity's policies on protecting that data.
- Hold personal data only where it is adequate, relevant and not excessive for the purposes for which it was obtained.
- From the moment personal data is collected, give the individual the document stating the purposes of its processing.
- Keep personal data accurate and up to date, and take the measures needed to keep it secure and, where applicable, confidential, and to prevent its alteration, loss, transmission and unauthorized access.
- Deliver the personal data held on a requester, after identification, within ten working days, in a format the requester can understand, or tell the requester in writing that the system holds none on them.
- Answer a request to modify personal data within thirty working days with a resolution recording the changes or the reasons they were refused.
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Highest authority of each obligated entity, which decides review appeals on access and hábeas data (art. 53)
Settledness
- As of
- Open questions
- Does a private company that manages public resources only under a contract with the State count as a 'sujeto obligado' under Article 6 of Decreto 57-2008, so that the hábeas data duties of Articles 30 and 33 to 35 bind it?
What it reaches
Obligation class
Data subject rights, Disclosure
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- The holder is a sujeto obligado under Article 6: any natural or legal person, public or private, national or international, that manages, administers or executes public resources, State property or acts of public administration in general (the hábeas data duties of Articles 30 and 33 to 35 bind obligated entities).
What it makes you log
Logging duty
Articles 30 and 33 to 35 oblige an obligated entity to receive and answer requests for access to and correction of personal data, to deliver the data within ten working days and to answer a modification request within thirty working days. None of them requires the entity to make, keep or produce a log of its processing, and none names an audit or a party who may demand a record. Article 30 states no territorial clause, so the hook is empty.
- Kind
- None
- As of
What this law does
Article 30 of Decreto 57-2008 requires each obligated entity to adopt procedures to receive and answer requests from data subjects for access to and correction of their personal data. Article 30 also requires an obligated entity to hold personal data only where the data is adequate, relevant and not excessive for the purposes for which it was obtained.
Article 30 further requires the entity to give the individual, from the moment personal data is collected, the document stating the purposes of its processing. Article 33 entitles only the data subject or the legal representative, after identification, to request the personal data held in the files or information system of an obligated entity. Article 33 requires the obligated entity to deliver that data within ten working days of the request, in a format the applicant can understand.
Article 34 lets the data subject or the legal representative ask, after identification, for the modification of personal data held in any information system. Article 34 obliges the obligated entity to answer a modification request within thirty working days with a resolution recording the changes or the reasons they were refused. Article 35 provides the review appeal against a refusal to deliver or correct personal data.
When LexLint raises it
When your app profile says your app processes personal data.
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