Data Protection in Bolivia
Collection and processing in Bolivia
Data protection laws in Bolivia
Bolivia does not have a comprehensive Data Protection Law. Currently, draft laws are still under development and have been under discussion since 2023. More generally, laws that indirectly regulate the protection of personal data are the following:
- The Political Constitution of the Plurinational State of Bolivia, in Article Nº130
Any individual or collective person who believes to be unduly or illegally prevented from knowing, objecting or obtaining the deletion or rectification of the data registered by any physical, electronic means, magnetic or computer, in public or private files or databases, or that affect their fundamental right to personal or family privacy, or in their own image, honor and reputation, may file a Private Protection Action. - Supreme Decree No. 1391 and Supreme Decree No. 1793
This Supreme Decrees requires obtaining the express and written consent of users for any kind of use of their personal data the telecommunications sector.
Definitions in Bolivia
Supreme Decree No. 1793 contains the following general definitions within the framework of the General Telecommunications Law:
- "Personal Data" is defined as any information concerning a natural or legal person that identifies or makes him or her/ the legal person identifiable;
- Authorization" is defined as prior, express and informed consent of the owner to carry out the processing of personal data by an Authorized Certifying Entity;
- "Processing" is defined as any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.
National data protection authority in Bolivia
There is no dedicated Data Protection Authority. However, certain agencies and authorities, such as supervisors in the financial or telecommunications sector, are responsible for generally overseeing data protection in their respective sectors.
Collection and processing in Bolivia
There is no comprehensive Privacy or Data Protection Law, which imposes mandatory requirements or obligations related to the collection and processing of personal data. However, according to Supreme Decrees No. 1391 and 1793, any use of personal data (including collecting and processing personal data), regarless of purpose, requires the data subject's express and written consent.
Enforcement in Bolivia
Any individual or entity who believes they have been unduly or illegally prevented from accessing, objecting to, or requesting the deletion or rectification of personal data registered via physical, electronic, magnetic, or computerized means, whether in public or private files or databases, may file a constitutional legal action known as a 'Private Protection Action'. In particular if the data at issue impacts the individual's fundamental right to personal or family privacy, or concern their image, honor, and reputation.
There is no comprehensive Privacy or Data Protection Law, which imposes mandatory requirements or obligations related to the collection and processing of personal data. However, according to Supreme Decrees No. 1391 and 1793, any use of personal data (including collecting and processing personal data), regarless of purpose, requires the data subject's express and written consent.