| Bolivia |
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Law Name
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Law Project 185/2019-2020 Personal Data Protection
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Link to the Law
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PROYECTO DE LEY PROTECCION DE DATOS PERSONALES:
https://www.protecciondedatos.bolivia.bo/index.php/proyectos-de-ley-en-bolivia/
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Data Transfer
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Data subject must consent to transfer of personal information.
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Data Sharing
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References for sharing sensitive data are described in the General Law for Information Technologies and Communication.
https://www.observacom.org/bolivia-ley-general-telecomunicaciones-tecnologias-de-la-informacion-y-la-comunicacion/
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Data Retention
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Data subjects have the right to delete personal data (on the internet) as long as the relationship between the parties is complete and as long as the mandatory log retention is not required.
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Governance
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Established by the 2018 Law of Digital Citizenship. Institutions using personal information are responsible to the use of such data.
https://www.lexivox.org/norms/BO-L-N1080.html
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Enforcement
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If Law Project 185/2019-2020 is approved, disclosing personal information without authorization (exception made of judicial orders of for epidemiological reasons) should be subjected to penalties established in the Bolivian Penal Code.
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Breach Notification
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Agencies managing personal information are charged with the responsibility for creating guidelines for investigating breaches in the use of such data.
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Health Privacy Law
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There is no direct reference, however many dispositions in Law Project 185/2019 are applicable to personal health information.
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Electronic Health Records Law
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There are no specific dispositions for the use of EHR. In 2008 the Bolivian Ministry of Health Issued the Guidelines for Managing Clinical Records.
https://www.minsalud.gob.bo/images/Documentacion/dgss/Area_de_Calidad/64%20Norma%20expediente%20clinico.pdf
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Notes
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At the moment that this report is being written Law 185/2019-2020 is being discussed at the Bolivian Congress.
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