LexLint.ioBeta

Know the law your code answers to.

Law / Honduras

Constitución de la República de Honduras, garantía de Hábeas Data

Constitución de la República de Honduras (1982, reformada), art. 182 (Hábeas Data)

In force since .

A data subject rights rule binding public and private bodies.

Criminal exposure
No
Private right of action
Yes
Audit expectation
none

What it requires

  • Let a person access information about themselves held in your database, public or private, in an expedited and cost-free manner.NIST Privacy FrameworkCT.DM-P1
  • Update, rectify or suppress a person's data in your database when they ask, subject to a Habeas Data judicial action.NIST Privacy FrameworkCT.PO-P3
  • Do not affect the confidentiality of journalistic sources.no control in the NIST Privacy Framework

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.
  • CT.DM-P1Data elements can be accessed for review.
FINOS AIGF

Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Enforcement body

Sala de lo Constitucional de la Corte Suprema de Justicia (Constitutional Chamber of the Supreme Court of Justice), the only court that hears the Habeas Data guarantee

Settledness

As of
Open questions
Which procedure must a private database holder follow to 'actualizarla, rectificarla y/o suprimirla' ('update, rectify and/or suppress') a person's data on request under Article 182, given that only the Sala de lo Constitucional hears the Habeas Data action?

What it reaches

Obligation class

Data subject rights

Applicability criteria

As of
Combinator
Any of
Criteria
The person's own personal or family data, or information about the person or the person's property, is contained in a database or in a public or private file, archive or register (Article 182).

What it makes you log

Logging duty

Article 182 recognizes the Habeas Data guarantee: the person whose data appear in a public or private file or register may access them, quickly and free of charge, and update, rectify or suppress them, and only the Constitutional Chamber of the Supreme Court hears the action. It imposes no duty on a file keeper to log, record or document anything. The article states no territorial hook.

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 182 recognizes the guarantee of Habeas Data for any person whose personal or family data appears in a public or private file, archive or register. It grants the right to access information about oneself or one's property in an expedited and cost-free manner, and, where necessary, to update, rectify or suppress it, and it bars affecting the confidentiality of journalistic sources.

Only the affected person may bring the Habeas Data action, which is heard exclusively by the Constitutional Chamber of the Supreme Court of Justice, without need of a lawyer or formality, verbally or in writing, on any day or hour. The current text of article 182 was introduced by Decreto No. 237-2012, published in La Gaceta No. 33,033 of , and its ratification, required for a constitutional reform, was published by Decreto No. 10-2013 in La Gaceta No. 33,086 of .

When LexLint raises it

When your app profile says your app processes personal data.

Back to the example  ·  Lint your app

Page updated .