Support Centre

Venezuela

Summary

Law: There is no general data protection law.

Regulator: There is no general data protection authority.

Summary: Venezuela currently does not legally provide for comprehensive data protection or habeas data rights. Under Article 28 of the Constitution of the Bolivarian Republic of Venezuela ('the Constitution'), an individual has the right to access personal data, and the secrecy and inviolability of private communications. The limited scope of privacy legislation in Venezuela has meant there are minimal enforcement remedies beyond occasional privacy matters being dealt with by the courts. One such decision, Decision No. 1318 on 4 August 2011 by the Constitutional Chamber of the Supreme Tribunal ('the Decision'), was the first court decision that discusses the privacy principles contained in Article 28 of the Constitution. The Decision interprets Article 28 as establishing the main principles that regulate data protection in Venezuela, including the principles of temporality and retention, accuracy and self-determination, security and confidentiality, and protection. Beyond the Constitution, there are limited data protection provisions in the Law on Institutions of the Banking Sector 2010 ('Banking Law') and the Special Law Against Computer Related Crimes 2001. Under the Banking Law, special data protection authority is given to the Superintendent of Banks.