On June 9th, 2010 the Executive Branch of the Peruvian Government sent the draft Bill for the Personal Data Protection Act (hereinafter, the “Bill”) to Congress. The Bill appoints the Ministry of Justice’s National Justice Directorate as the National Personal Data Protection Authority. If passed, this would be the first Act to ever integrally rule this matter in the country. Indeed, the rights to privacy, honor and image are included in the Constitution, although with a very basic regulation, and spread out through different laws.
The Bill’s purpose is to guarantee the fundamental right of the protection of personal data and other connected rights such as honor, reputation, privacy, voice, and image. As a general rule, the draft Bill states that any compilation, transmission, or treatment of personal data shall require the consent of its owner requires data processors to take measures to safeguard the security and confidentiality of the personal data they hold.