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Panama

Summary

Law: Law No. 81 on Personal Data Protection 2019 (only available in Spanish here) ('the Law'), and Executive Decree No. 285 of 18 May 2021 that regulates Law No. 81 on Personal Data Protection

Regulator: National Authority for Transparency and Access to Information ('ANTAI')

Summary: The Law entered into force on 29 March 2021. The Law, which is further regulated by Executive Decree No. 285, governs the principles, rights, obligations, and procedures in relation to the protection of personal data in Panama. More specifically, the law provides for, among other things, consent procedures for the processing of personal data, obligations for the cross-border processing of personal data originating in Panama, and a Personal Data Protection Council with advising power and functions.

In addition, there are several other laws, such as the National Constitution of the Republic of Panama, which regulate personal data protection. The Constitution outlines the right to privacy of personal communications and documents, the right to access information contained in databases held by public bodies or by private persons providing public services, as well as to request the correction, rectification, or deletion of such information.

Insights

By means of Banking Agreement No. 001 - 2022 of 24 February  2022 ('the Banking Agreement'), the Superintendence of Banks of the Republic of Panama ('SBP') establishes sector-specific guidelines for the protection of personal data managed by banking institutions. Maria Cristina Fábrega, Partner at Arias Law, discusses the Banking Agreement and Panamanian laws relating to data protection in the financial sector.

Cybersecurity is a crucial topic for national prosperity, now more than ever. Siaska SSS Lorenzo, Managing Partner at Arias Law, discusses how Panama has taken steps to reduce this growing threat.

The health sector is one where privacy is a central focus, directly impacting certain practices and procedures. Siaska SSS Lorenzo, Managing Partner at Arias Law, discusses this topic and its nuances.

Law No. 81 on Personal Data Protection ('PDPL') entered into force on 29 March 2021, and was regulated on 29 May 2021 through Executive Order 285/2021 ('the Order'), creating a wide range of details and parameters to be followed. Siaska SSS Lorenzo, Managing Partner at Arias Law, discusses the Order and how it expands upon the PDPL.

 

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