Bolivia

Bolivia

Law Name

Law Project 185/2019-2020 Personal Data Protection

Link to the Law

http://www.diputados.bo/leyes/pl-n%C2%B0-1852019-2020

Data Transfer

Data subject must consent to transfer of personal information.

Data Sharing

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/

Data Retention

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.

Governance

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

Enforcement

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.

Breach Notification

Agencies managing personal information are charged with the responsibility for creating guidelines for investigating breaches in the use of such data.

Health Privacy Law

There is no direct reference, however many dispositions in Law Project 185/2019 are applicable to personal health information.

Electronic Health Records Law

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%20e xpediente%20clinico.pdf

Notes

At the moment that this report is being written Law 185/2019-2020 is being discussed at the Bolivian Congress.