Guatemala Confronts Financial Data Breach Consequences

The Growing Concerns of Personal Data Handling in Guatemala

Guatemala’s recent legal provisions have raised concerns about the handling and storage of personal data, particularly in the context of the COVID-19 pandemic. Despite slow development in regulating data privacy, Guatemala is part of international treaties and conventions that protect the right to privacy.

Social Media and Employer Responsibilities

The rapid growth of social media platforms has led to security concerns over how users’ data is handled. In Guatemala, employers are now required to ask employees for personal information, such as medical conditions, to comply with pandemic-related regulations. This raises questions about potential risks and the role of the right to privacy.

International Treaties and Domestic Laws

Although not explicitly recognized in Guatemala’s Political Constitution, the country is part of international treaties and conventions that protect the right to privacy. The Constitutional Court has developed jurisprudence on consent for compiling and commercializing personal data, requiring express consent from individuals and adequate control methods to verify information.

Data Protection Laws

Guatemala’s Access to Public Information Act protects people’s data, defining personal data and sensitive data, and criminalizes the commercialization of individual information files without prior consent. The Criminal Code also typifies crimes related to unauthorized access or use of computer records.

• Health Code: Protects personal health information, recognizing individuals’ right to privacy and professional secrecy.
• Superintendency of Banks: Provides specific restrictions and obligations for financial institutions regarding data protection and non-commercialization.

Challenges for Employers

As the pandemic has brought new challenges for employers, it is crucial that they properly store and handle employees’ personal data, ensuring confidentiality and preventing commercialization or discrimination. Guatemala’s authorities have taken steps to address these concerns, bringing cases to court and developing jurisprudence on data privacy issues.

Conclusion

Guatemala faces financial data breach consequences as a result of its slow development in regulating data privacy. As the country continues to navigate the challenges brought by the pandemic, it is essential that it prioritizes protecting individuals’ personal information and upholds their right to privacy.