How are data and cybersecurity laws/regulations implemented?
Last review date: 15 January 2025
☒ omnibus — all personal data
☒ constitutional
What are the key data privacy laws and regulations?
Last review date: 15 January 2025
- Law 29733 - Data Protection Law
- Supreme Decree 016-2024-JUS, which approves Regulation of Law 29733
- Directive on the Security of Information Managed by Personal Data Banks
- Legislative Decree 1353, which creates the National Authority for Transparency and Access to Public Information, and amends Data Protection Law
- Directive for the processing of personal data through video surveillance systems (2020)
- Supreme Decree 019-2017-JUS, which amends the Regulation of the Data Protection Law
Are new or material changes to those key data and cybersecurity laws anticipated in the near future?
Last review date: 15 January 2025
Yes.
There is a Bill of Law that proposes to reorganize the Personal Data Protection Authority with the purpose of becoming a constitutionally autonomous entity. It proposes to provide the Authority with additional enforcement powers and more resources.
The Secretary of Government and Digital Transformation of the Presidency of the Council of Ministers recently issued the new draft of the Regulations of Law N° 31814, Law To Promote Use of Artificial Intelligence. The Draft Regulation proposes mainly the following:
- Classification of the risks of the use of Artificial Intelligence applications
- Specific obligations for high risk Artificial Intelligence applications
- Digital security measures in relation to the use of Artificial Intelligence