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Wednesday
Oct212009

Habeas Data and Foreign Entities

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:

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