Nair & Co.

Peruvian Government Likely to Introduce New Personal Data Protection Law

 
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Sunnyvale, CA -- (SBWIRE) -- 04/16/2012 -- The Peruvian Government plans to introduce a new Personal Data Protection Law to protect personal data in private and public databases within Peru.

The new law aims at keeping the Peruvian data protection Law at par with the rigorous data protection law of the European Union.

However, the Law is not applicable to databases created by individuals for private or personal purposes or to databases created by the Government of Peru with regard to national security and criminal matters.

Important Aspects of the Law
- Collection, processing or transfer of personal data has to be done legally with prior express permission of the owner, and in case of case sensitive data, written consent is mandatory.

- International transfer of data to a receiver outside Peru can only be possible if the receiver country is at par with Peru’s data protection standard, if not, the owner or the manager of the data is required to ensure the same.

- The aforesaid provisions will not be applicable to International treaties, international judicial cooperation, bank transfers and exchanges.

- National Authority for the Protection of Personal Data will have the authority to manage, direct, regulate, supervise and provide sanctions with regard to the protection of personal data.

- Personal Data Bank owner can stop providing data in case of any fundamental right infringement issue and can even claim compensation for the same.

Any violation of the Law, depending on its gravity, will be penalized, with fines ranging from 0.5 to 100 tax units (1 tax unit = US $ 1,350 approximately).

Please call/email for more details.

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