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Data Privacy Laws in Guatemala: A Comprehensive Overview

Guatemala has implemented various data privacy laws to protect individuals’ personal information and ensure responsible data handling practices. This article provides an overview of the key aspects of data privacy regulations in Guatemala.

Appointment of Data Protection Officers

  • In accordance with Guatemalan law, organizations are required to appoint a Data Protection Officer (DPO) who is responsible for overseeing the organization’s data protection policies and procedures.
  • The DPO must have expertise in data protection laws and regulations.

Data Breach Notification

  • Organizations that experience a personal data breach must notify the relevant authorities within 72 hours of becoming aware of the breach.
  • The notification must include information about the nature of the breach, the number of individuals affected, and the measures being taken to mitigate the damage.

Data Retention

  • Personal data can be retained for a maximum of six years from the end of the relationship between the controller and the data subject.
  • After this period, the data must be deleted or anonymized.

Children’s Data

  • Organizations collecting personal data from children under 18 must obtain parental consent before processing the data.
  • The organization must also ensure that the child is aware of their rights regarding data protection.

Special Categories of Personal Data

  • Sensitive information, such as health records and genetic data, requires additional protection measures.
  • Organizations processing special categories of personal data must obtain explicit consent from the data subject before processing the data.

Controller and Processor Contracts

  • Controllers (organizations that collect and process personal data) are responsible for ensuring that their processors (third-party service providers) comply with data protection laws.
  • Controllers and processors must sign a contract outlining the terms of data handling, including security measures and breach notification procedures.

Data Subject Rights

  • Individuals have the right to access, rectify, erase, restrict processing, object to processing, and data portability.
  • Organizations must provide clear information about these rights to data subjects.

Penalties and Enforcement Decisions

  • Non-compliance with data protection laws can result in fines of up to Q. 1,000 (approximately USD $132).
  • The Guatemalan Data Protection Authority is responsible for enforcing data protection regulations and making decisions regarding penalties.

In summary, Guatemala’s data privacy laws are designed to protect individuals’ personal information and ensure responsible data handling practices. Organizations must comply with these regulations to avoid fines and reputational damage.