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Law: Draft Law on the Protection of Personal Data (only available in Spanish here) ('the Draft Law')

Regulator: There is no general data protection regulator.

Summary: Honduras does not operate a comprehensive legal framework for data protection as, at present, the Draft Law has not been enacted and a large portion of its provisions remains to be approved by the Honduras Congress. Discussions of the Draft Law reached a peak in 2018 as several articles were approved by Congress, and it was expected that the Draft Law may come into effect in 2019. However, progress of the Draft Law has since stalled and it remains to be seen when, and if, it will come into force.

Currently, Article 182 of the Political Constitution of 1982 (only available in Spanish here) establishes the existence of data privacy as a human right by regulating access to personal data. Other relevant privacy legislation includes the Law of Transparency and Access to Public Information (only available in Spanish here). In general terms, the constitutional provisions and other legislation provide that consent should be obtained prior to personal data processing activities.