25 de noviembre, 2024

El Salvador´s Personal Data Protection Law establishes a framework to ensure that the handling of personal data respects individual´s; privacy, security, and control over their information. Its purpose is to guarantee that the collection, use, storage, and transfer of data are conducted according to clear legal principles and high protection standards. The law applies to all individuals and public or private entities handling personal data, whether manually or through automated processes, with exceptions such as family data, public security information, or data regulated by specific laws.

The law protects ARCO-POL rights, which include:

  • Access: Knowing what data is held and how it is used.
  • Rectification: Correcting incorrect or incomplete data.
  • Cancellation: Deleting unnecessary data.
  • Opposition: Objecting to certain uses.
  • Portability: Transferring data to other controllers.
  • Right to Be Forgotten: Removing information in digital environments.
  •  Limitation: Temporarily restricting its use.

The law is based on principles such as lawfulness, collecting only necessary data (minimization), clearly informing data subjects (transparency), and applying measures to prevent unauthorized access (security).

 Sensitive data, such as health or religious beliefs, are granted heightened protection, with their processing allowed only with explicit consent or under exceptional circumstances defined by the law. Additionally, international transfers of data must ensure equivalent protection levels; otherwise, additional measures are required. 

Controllers must ensure confidentiality, appoint a Data Protection Officer, and notify breaches. The State´s Cybersecurity Agency (ACE) oversees, audits, and sanctions noncompliance, with fines proportional to the severity of the infringements (minor, serious, and very serious). 

This regulation represents a key advancement in privacy protection in El Salvador, aligning with international standards and promoting the ethical and secure handling of personal informat

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