Habeas Data and Foreign Entities
Wednesday, October 21, 2009 at 2:35PM Background:
A constitutional right granted in many Latin American countries is "Habeas Data" i.e. the right to own your data. Habeas Data can be brought up by any citizen against any manual or automated data register to find out what information is held about his or her person. That person can request the rectification, actualization or even the "destruction" of the personal data held.
Question:
Can a writ of Habeas Data be issued to a Foreign Entity?
My thoughts:
Any volitional disclosure of PII to a entity that is not under the jurisdiction of the said Country would not be covered by this (IMO). Besides, how would you obtain a writ of Habeas Data for an entity that is outside of the jurisdiction of issuing authority?
Your thoughts:
Please share your thoughts on this as comments below:
View Printer Friendly Version
Email Article to Friend
Reader Comments (1)
While this is certainly a concern for many of the smaller players, one advantage of dealing with the likes of Google or Microsoft in this space is that they already have, or will likely develop, a local presence.
In Microsoft's case the local presence is driven by software sales, in Google's - by advertising. Either way, you get a local entity to deal with...
Jan