ARCO Rights
Rights of data subjects to control their personal information.
How the laws define this
Both instruments establish that ARCO rights are fundamental rights allowing individuals or data subjects to handle personal information through accessing it, correcting errors, and opposing its use. The primary divergence between the sources lies in how they define the rights surrounding data removal and the exact scope of opposition. Under Ley No. 81 de 26 de marzo de 2019 del Protección de Datos Personales, the term explicitly includes a right of deleting information as part of a general power to control personal information, alongside opposing its use broadly. In contrast, Decreto Ejecutivo N° 285 de 28 de mayo de 2021 que reglamenta la Ley 81 de 26 de marzo de 2019, sobre Protección de Datos Personales frames this action as a right to cancel processing rather than complete deletion, while limiting the right of opposition to specific uses of information.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Panama | Executive Decree No. 285 of May 28, 2021, Regulating Law 81 of March 26, 2019, on Personal Data Protection | In Force | Specifies 'cancel processing' as a right, unlike the other which uses 'deleting'. |
| Panama | Law No. 81 of March 26, 2019 on Personal Data Protection | In Force | Uses 'deleting' for data removal, unlike the other which specifies 'cancel processing'. |
What it triggers
- In Panama under Executive Decree No. 285, these rights include access, rectification, cancellation, and opposition.
- In Panama under Law No. 81, these rights include access, rectification, deletion, and opposition.
Definitions (2)
The fundamental rights of individuals to access their data, correct errors, cancel processing, or oppose specific uses of their information.
The fundamental rights of data subjects to control their personal information, including accessing it, correcting errors, deleting it, or opposing its use.
Questions and answers
What rights do data subjects have under Panama's data protection laws?
Data subjects have rights to access their data, correct errors, delete or cancel processing, and oppose uses of their personal information. These are fundamental rights under both the law and its implementing decree.
How does Executive Decree No. 285 define ARCO rights?
It defines them as rights to access data, correct errors, cancel processing, or oppose specific uses.
What is the scope of ARCO rights in Law 81?
It covers rights to access, correct, delete, or oppose use of personal information.