Peru
| OVERVIEW | Although Peru does not have comprehensive privacy and protection legislation, it has numerous sector-specific laws that protect privacy. |
| ENACTED | 1993 – Constitution was passed that included privacy provisions. |
| GENERAL PRIVACY LAWS |
Peru does not have comprehensive data privacy and protection legislation. The Constitution has numerous sections recognizing privacy rights of individuals, including privacy of their communications. The right of informational self-determination is partially protected by the action of habeas data. In Peru, habeas data is used to refer to the constitutional procedure which protects not only the right of a person to access information about himself (right to informational self-determination (Constitution, Article 2.6), but also the right to access whatever information an individual may require from any public body (freedom of information and access to government records (Constitution, Article 2.5). |
| PERSONAL DATA PROTECTION LAWS AND REGULATIONS | No comprehensive privacy and data protection law. |
| TYPE OF DATA PROTECTED | N/A |
| WORKPLACE PRIVACY LAWS | No law specifically related to workplace monitoring. |
| TRANSBORDER TRANSFERS | No law specifically related to the transborder transfer of personal data. |
| FINES AND SANCTIONS | N/A |
| OTHER PRIVACY LAWS AND REGULATIONS |
On April 12, 2005, Peru enacted its law on spam, Law No. 28493. Supreme Decree 031/2005- MTC is the implementing regulation for the Spam Act, issued by the Ministry of Transportation and Communications on January 4, 2006. Indecopi is the competent agency for enforcing the Spam Act regulations. The Spam Act empowers the Peruvian Commission for Consumer Protection and Indecopi to set fines according to the law on consumer protection and the standard for advertising to defend the consumer. Under the Peruvian Spam Act, spam is illegal if it contains false or misleading information, or if the sender of spam does not comply with opt-out requests. Duty of Confidentiality recognized by the General Law of Banking, Financial and Insurance Institutions No. 770 1993, as amended. |
