Venezuela: Privacy and Data Protection-related Laws

Venezuela does not have any general legislation regarding data protection. There are principles that govern the data protection regime in Venezuela that are derived from the Constitution and Supreme Court rulings.

The Constitution secures for citizens the fundamental rights of honor, private life, intimacy, self-image, confidentiality and reputation in Article 60. Data processing must respect those fundamental rights. In addition, Article 28 of the Constitution guarantees everyone access to the information and data on themselves, stored in public or private registries, and the right to be aware of the uses of such information, as well as the right to update, rectify or destroy incorrect information that unlawfully affects their rights.

In accordance with a binding decision of the Supreme Court, parties that collect and manage personal information must agree to the following principles:

  1. Principle of free will
  2. Principle of legality
  3. Principle of purpose and quality
  4. Principle of temporality or conservation
  5. Principle of accuracy and self-determination
  6. Principle of security and confidentiality
  7. Principle of guardianship
  8. Principle of responsibility (collectively called the ‘Principles’). (Source).

Enforcement of these principles is expected to be rather irregular in Venezuela’s 2018 political situation.


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