Financial Crime World

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Guatemala Fails to Implement Comprehensive Data Protection Law for Finance Sector

The Guatemalan finance sector remains vulnerable to data breaches and misuse of sensitive personal information due to the country’s lack of a comprehensive personal data protection law. While the Law on Access to Public Information (Ley de Acceso a la Información Pública) provides some protections, it is limited in its scope and does not specifically address the needs of the finance sector.

Definitions of Personal Data and Sensitive Personal Data

The Law on Access to Public Information defines personal data as “relative to any information pertaining to natural persons identified or identifiable.” Sensitive personal data is defined as information related to physical or moral characteristics, including racial origins, ethnic origin, ideology, political opinions, religious beliefs, health status, and sexual preference.

Key Definitions

  • Personal Data: Any information pertaining to a natural person that can be used to identify them.
  • Sensitive Personal Data: Information related to physical or moral characteristics of an individual.

National Data Protection Authority

The Ombudsman (Procurador de los Derechos Humanos) serves as the national data protection authority, with responsibility for enforcing provisions related to access to public information, including personal data.

National Data Protection Authority Responsibilities

  • Enforcement of provisions related to access to public information
  • Management of sensitive and non-sensitive personal data

Registration of Personal Data

There is no mandatory registration requirement for personal data collection and processing in Guatemala. However, if an individual’s personal data is collected by a public office or private party receiving public funds, they have the right to request access, correction, or deletion of their data through the Habeas Data procedure.

Key Registration Requirements

  • No mandatory registration requirement for personal data collection
  • Right to request access, correction, or deletion of personal data through Habeas Data procedure

Data Protection Officers

Public offices and private parties must establish Public Information Units to manage public information, but there are no specific requirements for designating Data Protection Officers (DPOs) in the finance sector.

Key Requirements

  • No specific requirements for designating DPOs in the finance sector
  • Establishment of Public Information Units to manage public information

Collection and Processing of Personal Data

There is no regulation governing the collection and processing of personal data in Guatemala. However, Article 33 of the Law on Access to Public Information requires that all files and information systems be safeguarded and not destroyed.

Key Requirements

  • No regulation governing the collection and processing of personal data
  • Safeguarding and protection of files and information systems

Transfer of Personal Data

Article 31 of the Law on Access to Public Information prohibits the commercialization of sensitive data and sensitive personal data without written consent.

Key Prohibitions

  • Commercialization of sensitive data and sensitive personal data without written consent

Security Measures

There are no specific security measures mandated for protecting personal data in Guatemala. However, Article 36 of the Law on Access to Public Information requires that all information in public records be safeguarded and not destroyed.

Key Requirements

  • No specific security measures required for protecting personal data
  • Safeguarding of information in public records

Breach Notification

Guatemala does not have a mandatory breach notification law. However, Article 17 of the Law on Access to Public Information requires individuals who access public information to notify authorities in case of destruction or misuse of public information.

Key Requirements

  • No mandatory breach notification law
  • Notification of authorities in case of destruction or misuse of public information

Enforcement

The Superior Authorities of relevant public offices and the Prosecutor General’s Office are responsible for enforcing provisions related to access to public information, including personal data. Specific penalties are established for violating Article 64 of the Law on Access to Public Information, which prohibits private parties from commercializing personal data without consent.

Key Enforcement Responsibilities

  • Enforcement of provisions related to access to public information
  • Penalties for violating Article 64 of the Law on Access to Public Information

Electronic Marketing

Guatemala has a law regulating electronic marketing (Law of Acknowledgment of Electronic Communications and Signatures), but it does not specifically address data protection in finance. The law requires electronic marketers to act fairly and transparently.

Key Requirements

  • Regulation of electronic marketing
  • Fair and transparent marketing practices

Online Privacy

There is no regulation specifically addressing online privacy in Guatemala.

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