Data protection and privacy have become essential in the face of the global trend toward digitalization. Increasingly, social and commercial interactions occur through digital platforms, high-tech systems, and IT infrastructures involving the use, processing, storage, and transfer of sensitive, personal, and private information. Privacy and data protection should not be considered as an add-on to a system but rather as an integral part of it.
The use of data and privacy transcends international borders, making it necessary to implement or reference regulations governing such protection. As Guatemalan organizations aim to participate in the global economy, it is crucial to implement local standards as a complement to existing international regulations. The key legislative frameworks include the European Union’s General Data Protection Regulation (GDPR) and, for Latin America, the model data protection law created by the Organization of American States (OAS).
Although Guatemala does not yet have a specific data protection law, the right to privacy and data protection is recognized, regulated, and safeguarded through the Constitution, ratified international treaties, and specific norms (e.g., on access to information, intelligence and counterintelligence, crime prevention, and other criminal regulations). In recent weeks, the COVID-19 crisis has necessitated maintaining social distancing, increasing reliance on digital platforms for communication, service contracting, purchasing goods, and conducting various activities.
Now more than ever, it is critical for data protection and privacy to be considered from the system design stage—proactively rather than reactively. This includes features such as end-to-end encryption and transparency with stakeholders about policies.
While Guatemalan legislation regulates data protection and privacy, any organization seeking to conduct business in this globalized world or access information and data must comply with and implement measures established in model regulations such as those proposed by the OAS or the European Union’s GDPR. Data protection should be addressed from the design phase of a technology business model.
Jorge Luis Rodas
Lawyer and Notary | Founding Partner of NexusLegal
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