At Romero Pineda & Asociados we commemorate Data Privacy Day

By; Nadya León, Brand Protection lawyer and active member of the Data Protection Committee at INTA

nadya@romeropineda.com

Although in El Salvador we do not have legislation on the protection of personal data, there are regulations in different laws that protect the privacy of individuals and informational self-determination, in addition to jurisprudence issued by the Constitutional Chamber.

The protection of personal information and privacy is based on article 2 of our Constitution, which recognizes that every person has the right to life, physical and moral integrity, freedom, security, work, property and possession, and to be protected in the conservation and defense of these. Likewise, the Right to honor, personal and family privacy and one's own image are guaranteed.

Thus, in Article 6 literal (a) of the Access to Public Information Law, are defined as personal information to private information concerning an identified or identifiable person, relative to their nationality, domicile, assets, electronic address, telephone number or other similar information; and literal (b) defines that the sensitive personal data are those that correspond to a person in relation to creed, religion, ethnic origin, political affiliation or ideologies, union membership, sexual preferences, physical and mental health, moral and family situation and other intimate information of a similar nature or that could affect the right to honor, personal and family privacy and one's own image.

Furthermore, in accordance with Article 31 of the same law, Every person, directly or through their representative, will have the right to know if their personal data is being processed; to obtain an intelligible reproduction of it without delay; to obtain the corresponding rectifications or deletions when the records are unjustified or inaccurate and to know the recipients when this information is transmitted, allowing you to know the reasons that motivated your request, in the terms of the same law.

Likewise, the jurisprudence of the Constitutional Chamber of the Supreme Court of Justice defines the sensitive data As the type of information that refers to the racial or ethnic belonging of an individual, their political preferences, their individual state of health, their religious, philosophical or moral convictions; their privacy or sexual orientation and, in general, data or information that promotes prejudice and discrimination, or affects the dignity, privacy, domestic intimacy and private image of individuals or families.. [1]

I think it is very important to commemorate this day and join the celebration of Data Privacy Day, in order to make our clients and friends aware of the importance of protecting their personal data and becoming aware of how they They are being shared and used on distinctive technological platforms and tools, as well as electronic commerce. Likewise, raise awareness among companies about safeguarding the personal information of their clients and employees, in order to avoid claims and fines.

It is important to obtain advice on effective measures that can be implemented in order to protect privacy and avoid claims or fines, among which we can mention:

1) Establish a personal data privacy protection policy including privacy notice;

2) Clearly establish what data is being collected and its purpose;

3) Those in charge of data processing;

4) Have express and free consent, in writing or by equivalent means, of the individuals to whom the information refers;

5) Security measures to safeguard information.

If you need more information about these topics, do not hesitate to contact me at my email: nadya@romeropineda.com

---

[1] N° 58-2007 / Date: 03/08/2013 / CONSTITUTIONAL CHAMBER / UNCONSTITUTIONALITIES / Final Sentences / Official Gazette no. 57, Volume 398 dated 03/22/2013