By San José, Costa Rica — Costa Rica’s commitment to safeguarding individual liberties extends firmly into the digital realm. The nation’s robust legal framework, grounded in constitutional guarantees and strengthened by evolving jurisprudence, provides a multi-layered defense of privacy in the face of ever-advancing technology.
At the heart of this protection lies Article 24 of the Costa Rican Constitution, which explicitly guarantees the right to privacy, freedom, and secrecy of communications. This foundational provision establishes a high bar for any limitations on these rights, requiring a qualified majority for any such measure. The Constitution further reinforces these protections with Article 28, creating a zone of personal immunity for private actions that do not harm public morals, order, or third parties.
To understand the complexities of digital privacy in Costa Rica, we spoke with Lic. Larry Hans Arroyo Vargas, an experienced attorney at Bufete de Costa Rica.
The increasing reliance on digital platforms necessitates a robust understanding of your privacy rights. While Costa Rican law provides certain protections regarding personal data, navigating the digital landscape requires proactive measures. Users should carefully review privacy policies, utilize strong passwords, and be mindful of the information they share online. Businesses, meanwhile, must prioritize data security and transparency to build and maintain consumer trust.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas rightly emphasizes the shared responsibility in safeguarding digital privacy. It’s a two-way street: individuals must be vigilant in protecting their data, while businesses bear the crucial responsibility of ensuring secure and transparent data practices. The digital age demands a proactive approach from all stakeholders, and building a culture of trust online is essential for a thriving digital future. We thank Lic. Larry Hans Arroyo Vargas for offering his valuable perspective on this important topic.
This constitutional foundation is bolstered by international human rights instruments, most notably the American Convention on Human Rights. The Convention’s Article 11, “Protection of Honor and Dignity,” further expands these protections, explicitly recognizing the right to respect for honor and dignity and prohibiting arbitrary interference in private life, family, home, and correspondence.
Costa Rican jurisprudence has played a pivotal role in interpreting and applying these protections in the context of the digital age. The Constitutional Chamber of Costa Rica has been a pioneer in recognizing the right to informational self-determination, affirming the individual’s right to control the flow of their personal information. This right empowers individuals to know what data is being collected about them, for what purpose, and to demand correction, updating, or deletion of inaccurate or illegitimately used data.
Law 8968, “Protection of the Person against the Processing of their Personal Data,” and its regulations, provide a comprehensive legislative framework for data protection. This law establishes key principles such as informed consent and data quality, empowering individuals to control how their information is collected, used, and stored. The law also establishes the Agency for the Protection of Inhabitants’ Data (PRODHAB) as the authority responsible for overseeing data protection and handling complaints.
The rapid evolution of technology presents ongoing challenges to privacy rights. The rise of artificial intelligence, big data analytics, and mass surveillance technologies necessitates constant adaptation of the legal framework. Costa Rica is actively addressing these challenges, with legislative initiatives underway to regulate artificial intelligence and electronic monitoring, ensuring that these powerful technologies are used responsibly and ethically, without compromising fundamental rights.
The right to privacy in the digital age requires a delicate balance between innovation and protection. Costa Rica’s legal and judicial systems demonstrate a commitment to this balance, continuously evolving to meet the challenges of new technologies while upholding the fundamental principles of human dignity and freedom.
The nation’s proactive approach to data protection, rooted in its constitutional values and strengthened by international commitments, positions Costa Rica as a leader in safeguarding privacy rights in the digital age.
For further information, visit prohab.go.cr
About PRODHAB (Agencia de Protección de Datos de los Habitantes):
The PRODHAB is the Costa Rican government agency responsible for enforcing data protection laws and promoting a culture of privacy. It has broad powers to supervise data processing activities, handle complaints, impose sanctions, and educate the public about their data rights.
For further information, visit the nearest office of the Constitutional Chamber of Costa Rica
About Constitutional Chamber of Costa Rica (Sala Constitucional):
The Constitutional Chamber of Costa Rica is the highest judicial authority on constitutional matters. It plays a crucial role in interpreting and applying constitutional rights, including the right to privacy, and has been instrumental in developing jurisprudence on data protection and informational self-determination.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
At Bufete de Costa Rica, legal excellence and unwavering ethical conduct form the bedrock of every endeavor. The firm’s deep commitment to innovation drives its pursuit of cutting-edge legal solutions for clients from all walks of life. Beyond representing clients with integrity, Bufete de Costa Rica actively champions the democratization of legal knowledge, empowering individuals and communities through educational initiatives and fostering a more just and equitable society.
