Data Protection in Guatemala

Enforcement in Guatemala

According to Arts. 61, 62 and 63 of the Law on Access to Public Information, enforcement corresponds to the Superior Authorities of the relevant public offices and in the event the infraction entails criminal responsibility it corresponds to the Prosecutor General’s Office.  Arts. 64 to 67 of the Law specifically create criminal figures related to the abuse and misuse of information contained in public records, including Personal Data. 

Specifically, Art. 64 of the Law establishes a prohibition to private parties to commercialise personal data without consent.  Violation to this provision results in jail from 5 – 8 years and a fine ranging from Q.50,000.00 to Q.100,000.00 and the confiscation of any element employed to execute the crime.

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