Data Protection in Panama

Collection and processing in Panama

In Panama, personal information is protected at the constitutional level. The Constitution provides that every person has a right of access to his / her personal information contained in data banks or public or private registries and to request their correction and protection, as well as their deletion in accordance with the provisions of the law. It also states that such information may only be collected for specific purposes, subject to the consent of the person in question, or by order of a competent authority based on the provisions of the law. The disclosure of personal information without consent is also prohibited by the Panamanian Criminal Code. Criminal penalties apply to the disclosure of personal information where the disclosure causes harm to the affected individual. 

As per the Data Protection Law, the data subject must consent to the processing of his data and be duly informed of the proposed use of his personal data. Prior to obtaining consent, the data controller must provide the data subject with certain basic information, such as for example: the data controller’s identity and contact information, the proposed use of the data, the data subject's right to revoke consent, recipients of the personal data where the data will be transferred abroad, how long the data will be kept. The consent must be obtained in such a way that allows its traceability with documentation, whether electronic or by any other means that are suitable to the medium of the particular case and can be revoked, without retroactive effect. If the consent of the data subject is given in the context of a sworn statement that also refers to other matters, the consent request will be presented in such a way that it is clearly distinguished from the others, in a comprehensible and easily accessible manner, using a clear and simple language, which will not be binding in any part of the declaration that constitutes an infraction of the Law and its regulation.

The Data Protection Law allows processing of personal data without the data subject's consent, if at least one of the following conditions is met: 

  • If necessary within an established contrctual relationship
  • If needed to fullfil a legal obligation
  • If authorized by a sectorial law or regulation
  • If necessary to protect the vital interests of the data subject or another individual
  • If required by a public entity within the exercise of the functions of the Public Administration in the field of their competences
  • If necessary for the satisfaction of legitimate interests pursued by the data controller or by a third party, provided that such interests do not prevail over the interests or fundamental rights and freedoms of the interested party that require the protection of personal data, in particular when the interested party is a minor or a person with a disability
  • If the personal data is derived or collected from public domain sources or accessible in public media
  • If the personal data is contained in lists related to a category of people that is limited to genera background, such as the participation of a natural person to an organization, their profession or activity, their educational titles, address or date of birth
  • If the processing of personal data by private organizations is for the exclusive use of their associates and the entities to which they are affiliated, for statistical purposes, for pricing or others of general benefit to them
  • If the processing of information is authorized by law for historical, statistical or scientific purposes

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