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Data Protection Laws and Regulations in Peru

Peru has implemented various laws and regulations to protect individuals’ personal data. In this guide, we will cover key aspects of personal data processing, including registration requirements for databases, cross-border data transfers, data subject consent, data breach notification, children’s data, special categories of personal data, and more.

Key Regulations

Database Registration

  • Database owners must register their database with the National Registry, providing information such as:
    • Name and location of the database
    • Purpose of the database
    • Types of personal data contained in the database
    • Origin of the data
    • Technical security measures implemented to protect the data
    • Recipients of data transfers

Data Transfers

  • The transfer of personal data requires prior, express, and unequivocal consent from the data subject.
  • If the recipient country does not have an adequate level of protection, the data transmitter must guarantee that the processing of the personal data will be made in accordance with the Peruvian legal framework.
  • Data controllers must obtain explicit consent from data subjects for data processing, especially when it comes to sensitive information.
  • This includes obtaining written consent for:
    • Sensitive data, such as health information, financial data, or political opinions
    • Children’s personal data, if they are above 14 and below 18 years old

Data Breach Notification

  • While there is no mandatory requirement for data breach notification, entities providing digital services in certain sectors (such as banking, healthcare, and education) are obligated to notify relevant authorities upon a confirmed data breach.

Children’s Data

  • The processing of minors’ personal data requires their free, prior, express, and informed consent if they are above 14 and below 18 years old.
  • If the child is under 14, the processing of their personal data requires the consent of their legal representatives (parents or guardians).

Special Categories of Personal Data

  • Sensitive data, such as health information, financial data, or political opinions, require written consent from the data subject.

These regulations highlight the importance of transparency and consent in personal data processing within Peru.