Panama rules personal data protection


News from Panama / Tuesday, April 30th, 2019

The protection of personal data is considered a fundamental right of the human being and his dignity. This right protected by article 29 of the Politic Constitution of the Republic of Panama. Also, the American Convention on Human Rights-ratified by Panama-establishes in Article 11 the protection of fundamental rights as follows: “Everyone has the right to respect for their honor and recognition of their dignity. None may be subject of arbitrary or abusive interference with his/her private life, family, home or correspondence, or illegal attacks on their honor or reputation. Everyone has the right to the protection of the law against such interference or attacks”.

In view of the growing need to regulate the activity that is generated by relations that arise constantly and in particular in the digital world, by Law 81 of March 26th, 2019, published in Official Gazette 28743-A of March 29th, 2019, sanctioned the Data Protection Law after a long wait. This norm rules general principles that govern such data protection, as well as its subjects, exceptions to its application, the rights of the owner of personal data, the responsibilities for the infractions to the norm, the faults and the sanctions to that there is place, among other provisions.

It is very important to note that this new law is only applicable for databases that are located in the territory of the Republic of Panama or that the person responsible for the processing of the data is domiciled in this country.

The dispositions contained in this legislation are of public order and of obligatory fulfillment in the national territory and it begins to govern to the two years as of its promulgation, reason why all the databases administrators of personal data in Panama will have the opportunity to update themselves in this sense.

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