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This law contains within itself the protection of data and
the figure of Habeas Data.
Data Protection protects people against misuse of
personal information by data processors. And the Habeas
Data, being a figure for use only by some Latin American
countries, gives the individuals the right to access,
correct, and object to the processing of their information.
In general, privacy is the genus and data protection is the
species. And the Habeas Data is in a narrower sense, which
operates as a right of access to personal information within
the regime of personal data.
Right to Privacy:
The right to privacy is to safeguard personal dignity; it
supports the fundamental principles of honor and personal
dignity. The right to privacy extends beyond data
protection, encompasses the respect for family life,
religious, political, and sexual preferences, the
interception of communications, the use of hidden cameras,
genetic testing, etc. The protection of privacy is necessary
for the legal order to guarantee respect for personal
dignity.
The Council of Europe defines the right to privacy as a
fundamental human right, also the Universal Declaration of
Human Rights and the United Nations International Covenant
on Civil and Political Rights define privacy as a right: “No
one shall be subjected to arbitrary or unlawful interference
with his privacy, family, home or correspondence, nor to
unlawful attacks on his honor and reputation.” The two
treaties later explained: “Everyone has the right to
protection of the law against such interference or attacks.”
Accordingly, the right to privacy covers all aspects of life
of the individual and also the processing of personal data
by government and private organizations.
Data Protection:
As mentioned in the introductory part of the page, data
protection is a right to personal privacy that people have
against the possible use of their personal data by data
processors in an unauthorized manner or against the
requirements of force. This discipline is to protect the
privacy of individuals at risk for the collection and misuse
their personal data.
Habeas Data:
The Habeas Data can be found within Data Protection. In
Latin America, the Habeas Data is an action that is brought
before the courts to allow the protection of the
individual’s image, privacy, honour, self-determination of
information and freedom of information of a person. This is
a mechanism of action that gives the aggrieved person to
file a complaint with the judicial system to stop the abuse
of personal data. In general, it allows the individual
access to personal information in databases the ability to
edit and update data, the possibility to ensure that
sensitive data to maintain their confidentiality and the
removal of sensitive personal data that could violate the
right to privacy.
The Habeas Data does not require data processors to ensure
the protection of personal data processed. It is presented
as a legal action requiring the person aggrieved, after
filing a complaint with the justice, the access and/or
rectification to any personal data who may jeopardize their
right to privacy.
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