Law / Nicaragua

Ley No. 787, Ley de Protección de Datos Personales, rights of data subjects

Ley No. 787, arts. 7, 10, 16-21, 25-26 (rights of data subjects)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Publisher's page: http://legislacion.asamblea.gob.ni/normaweb.nsf/9e314815a08d4a6206257265005d21f9/e5d37e9b4827fc06062579ed0076ce1d

In force since .

A data subject rights rule binding public and private bodies.

Obligation class
Data subject rights, Disclosure
Audit expectation
none

What it requires

  • Before obtaining a data subject's personal data, tell them, expressly and clearly, the purpose and possible recipients, the existence and location of the file and who is responsible for it, whether answering is mandatory or optional, the consequences of refusing or of giving inaccurate data, and their rights of access, rectification, and cancellation.NIST Privacy FrameworkCM.AW-P1
  • On a data subject's request, suppress and cancel their personal data from a social network, browser, or server, and, once your contractual relationship with them ends, suppress and cancel the personal data you collected during it.NIST Privacy FrameworkCT.DM-P4NIST Privacy FrameworkCT.DM-P5
  • Tell a data subject about the privacy policies you adopt and notify them of any change to those policies.NIST Privacy FrameworkCM.AW-P1
  • Answer a data subject's request for information about their personal data within ten business days, in writing, electronically, by phone, by image, or by another means they choose, clearly and covering the whole of their own data without revealing a third party's.NIST Privacy FrameworkCT.DM-P1
  • Rectify, modify, suppress, complement, include, update, or cancel a data subject's personal data on request within five business days, notify any assignee of the correction within five business days, block the disputed data while you verify a claimed error, and do this free of charge; you may refuse only where a judicial decision orders you not to modify the data, and you must then tell the data subject of that decision.NIST Privacy FrameworkCT.PO-P3NIST Privacy FrameworkCM.AW-P5
  • Include personal data in a file built for advertising, promotions, offers, or direct sale only with the data subject's consent or from a publicly accessible source, give the data subject free access to it, and let them request removal from it at any time.NIST Privacy FrameworkCT.PO-P1NIST Privacy FrameworkCT.PO-P3
  • Do not send electronic advertising to a person who has expressly stated they do not want to receive it, offer every recipient of an electronic advertisement the means to refuse further advertising or revoke consent, and keep a contract proving the personal data you use for marketing were obtained with consent or from a public access source.NIST Privacy FrameworkCT.PO-P3NIST Privacy FrameworkCT.PO-P1

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

In the frameworks

NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
  • 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.
  • CT.DM-P4Data elements can be accessed for deletion.
  • CT.DM-P5Data are destroyed according to policy.
  • CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
1 more
  • CM.AW-P5Data corrections or deletions can be communicated to individuals or organizations (e.g., data sources) in the data processing ecosystem.
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

What it makes you log

Logging duty

Article 17(a) requires the report given to a data subject who asks for their data to show how the data were collected, why, and what transfers were made, and says the proof of its sending and receipt must be kept; the report is due within ten working days (article 17(c)). The text does not say who may demand that proof, how long it is kept, or what it holds beyond sending and receipt, so those keys stay empty. Article 19(f)'s five-year period limits how long personal data are kept and not this proof; article 26's contract assuring that marketing data were obtained with consent is a contract term and not a record the sender keeps. The row cites no scope clause, so no territorial hook is listed.

Kind
Explicit
As of
Provision
Article 17(a)
Trigger
personal_data_processing

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 7 requires the data controller to inform a data subject, before obtaining their data, of the purpose and possible recipients, the existence and location of responsibility for the file, whether answering is mandatory or optional, the consequences of refusing or of inaccurate data, the data subject's rights of access, rectification, and cancellation, and, where data from public sources are used for advertising, the data's origin and the controller's identity in every communication.

Article 10 gives a data subject a digital right to be forgotten, letting them request that social networks, browsers, and servers suppress and cancel their personal data, and, once a contractual relationship with a public or private institution ends, letting them request that all personal data collected during that relationship be suppressed and cancelled.

Article 12 gives a data subject the right to be informed of the privacy policies a data controller adopts and to be notified of any change to them. Article 16 gives a data subject the right to request information from the Direccion de Proteccion de Datos Personales about the existence of data files, their purposes, and the identity of those responsible for them, through a public and free register.

Article 17 gives a data subject the right to request and obtain information about their personal data processed in public and private data files, including how the data were collected, why, and what transfers or assignments were made, the right to rectify, modify, suppress, complement, include, update, or cancel their data, a response within ten business days of the request, the right of their universal heirs to exercise this article's rights over a deceased person's data, and the right not to be compelled to supply sensitive personal data except as this Act's exceptions allow.

Article 18 requires the information given to a data subject to be clear and simple, to cover the whole of their own data even where they asked about only one aspect, never to reveal a third party's data, and to be supplied in writing, electronically, by phone, by image, or by any other means the data subject chooses, within the controller's technical capacity.

Article 19 gives a data subject the right to have their data rectified, modified, suppressed, complemented, included, updated, or cancelled, requires the data controller to act within five business days of the request and answer in writing, bars cancellation for reasons of social interest, national security, public health, or a third party's rights, requires the controller to notify any assignee of the correction within five business days, requires the controller to block disputed data while verifying a claimed error, and limits retention of the data to five years or the term the parties' contract sets.

Article 20 lets a data controller deny a rectification request only where a judicial decision so orders, and requires the controller to tell the data subject of that decision while still granting them access to their own data to exercise their defense. Article 21 makes exercising the rights of rectification, modification, suppression, complementation, inclusion, updating, and cancellation free of charge to the data subject.

Article 25 lets a data file built for advertising, promotions, offers, or direct sale include personal data only with the data subject's consent or from a publicly accessible source, gives the data subject free access to it, and lets them request removal from it at any time.

Article 26 requires an electronic advertisement to offer its recipient the means to refuse further advertising or revoke their consent, clearly and free of charge, and requires a marketing business to hold a contract proving the personal data it uses were obtained with the data subject's unambiguous, informed consent or from a public access source.

When LexLint raises it

When your app profile says your app sends automated outreach or processes personal data.

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