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Can you summarize Ley 1682/2001 Reglamenta la Informacion de Caracter Privado (in Spanish)?
Paraguay Laws - Others > Ley 1682/2001 Reglamenta la Informacion de Caracter Privado (in Spanish)
Short Summary
This law, known as Ley 1682/2001, regulates the collection, storage, processing, and publication of personal data in Paraguay. It grants individuals the right to collect, store, and process personal data strictly for private use. Public sources of information are accessible to all, and individuals have the right to access data recorded in public registers, including those created by specific laws. The law allows the collection, storage, processing, and publication of personal data for scientific, statistical, opinion polls, market research purposes, as long as individuals or entities being investigated are not individually identified. However, it prohibits the publication or dissemination of sensitive data that explicitly identifies or can identify individuals. The law also establishes conditions for the publication and dissemination of personal data, such as name, identification document, address, age, marital status, occupation, workplace, and occupational telephone number. It requires the continuous updating of personal data related to financial situation, economic solvency, and compliance with commercial obligations. Non-compliance with the law’s provisions may result in fines, and affected individuals have the right to pursue legal action for damages.
Whom does it apply to?
All individuals and entities involved in collecting, storing, processing, and publishing personal data
What does it govern?
Regulate the collection, storage, processing, and publication of personal data
What are exemptions?
The law prohibits the publication or dissemination of sensitive data that explicitly identifies or can identify individuals. Sensitive data includes racial or ethnic backgrounds, political preferences, individual health status, religious, philosophical, or moral beliefs, sexual privacy, and any data that promotes prejudice, discrimination, or affects the dignity, privacy, domestic intimacy, and private image of individuals or families.
What are the Penalties?
The law imposes fines ranging from 300 to 700 minimum daily wages for various violations, with the possibility of doubling, tripling, quadrupling, etc. for each subsequent offense. Non-compliance with rectification or information supply obligations may result in fines ranging from 150 to 500 minimum daily wages. Entities refusing to comply with extrajudicial claims may face fines ranging from 100 to 200 minimum salaries. The affected individual may also pursue legal action for damages.
Jurisdiction
Paraguay