Privacy Act

Panama has taken significant legislative steps in regulating data protection. Law No. 81 of March 26, 2019, supplemented by Executive Decree No. 285 of May 28th, 2021 (together the Ley sobre Protección de Datos Personales; the ‘Data Protection Law’), regulates data protection in the Republic of Panama.

The Data Protection Law governs the following:

• The principles, rights, obligations, and procedures applicable to the protection of personal data in Panama
• The individuals or legal entities, whether private or public, who are subject to the Data Protection Law, as well as those entities that are classified as “regulated subjects” (ie, banks, insurance companies, telecommunication providers, etc.)
• The data subject’s right to access, rectification, cancellation, opposition, and portability
• The fines and penalties applicable to those who violate an individual’s right to data protection

As mandated by the Data Protection Law, it’s expected that several sectoral laws will be modified to include certain data protection terms, such as Rule No. 1-2022, dated February 24th, 2022, which includes special guidelines for the protection of data processed by banks established by the Superintendency of Banks and Resolution AN N° 1267-ADM, dated June 14th, 2023, which pertains to protection of data in public utilities and services.

In addition to the Data Protection Law, the following general rules govern data protection:

• The Constitution
• The Criminal Code