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The friction between transparency and personal data protection in Peru

Document Citado por Related
Vincent
AutorMiguel Morachimo
Páginas27-30

Page 27

See note 9

In recent months, it has been discussed in Peru how the personal data protection norms must be interpreted within the framework of transparency obligations. In cases decided by two different bodies, the limits of what can and cannot do with public databases have been discussed. The answer to these questions can impact signiicantly on new journalism practices and the degree of access to public information.

Page 28

Datos Perú and legal norms

In October 2014, the Personal Data Protection Authority (PDPA) resolved two claims against the Datos Perú website’s administrators. The site, which operated for several years in Peru, among others, paid the access and search service for legal devices within the State Gazettes. In other words, the entire Legal Standards Bulletin published in the Oficial Journal, including legal and administrative acts of compulsory disclosure as appointments and sanctions, were copied and pasted. Two of these norms reproduced by Datos Perú correspond to disciplinary sanctions against the claimants. That was the origin of the claim.

In its decision, the PDPA determined that the site had failed to comply with the data protection law in failing to request the consent of such persons to include their name in a legal database and, thereafter, in ignoring their requests for cancellation. Although the same information, including the names of the claimants, was accessible from the Oficial Gazette website, as well as from the Ministry of Justice website, the PDPA considered that this did not authorize any third party to reproduce information containing personal data. That is, the PDPA determined that prior publication of a public document did not authorize its consecutive reproduction to the extent it contains personal data.

Equifax and the public taxpayer register

In March 2015, another case brought us back to the same question. This time the Constitutional Court (CC) ruled a habeas data claim iled by a citizen against Equifax, operator of a private credit risk bureau in Peru, for including information he did not provide, comprising also his address. In its defense, Equifax said that it has obtained the plaintiff’s domicile had obtained through a routine search in the public taxpayer register available to the general public on the Peruvian tax authority website.

For the CC, Equifax was not authorized to use or incorporate into its database the information contained in the taxpayer register. By...

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