Guatemalan Constitutional Court Establishes Data Protection Precedent Amidst Legislative Void
Guatemala currently lacks specific statutes, regulations, or international treaties governing personal data protection. In response to this legislative gap, the Constitutional Court of Guatemala has been actively developing legal criteria through various constitutional proceedings. The Court has recognized an individual's right to informational self-determination, a concept originating from Germany's Federal Constitutional Court, to safeguard privacy and intimacy online. This right empowers individuals to control aspects of their personal information. While the procedural remedy of habeas data exists in Latin America to protect this right, the Guatemalan Constitutional Court has clarified its administrative nature, limiting its application to data held by state entities. For other data protection concerns, the Court has determined that a constitutional amparo action is the appropriate legal mechanism.
