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III. Privacy topics


Financial privacy

The essential concern in the 2005-2007 period has been the incursions into citizens’ privacy by the companies in charge of providing credit protection. Some of the corporations offer citizens’ very sensitive information for sale, causing individuals many financial interaction difficulties.

Recent Costa Rican Constitutional Court sentences have insisted on the necessity to control the operation of this credit protection companies in order to ensure their public interest function for protecting the investment and the commerce but at the same time ensuring the citizens’ right to informative self-determination (derecho a la autodeterminación informativa). This is precisely the sense of resolution 14580-2006.1 Besides ratifying the terms of the sentence 4847-992 about the importance and content of the right to informative self-determination, the resolution details the necessity of effective compliance with the principle of quality in the processing of data with financial interest, as it was indicated in the sentence 754-2002.3

However, up to this moment there are no constitutional cases that consider problems other than those of a financial or commercial nature. Issues like criminal investigation using genetic profiles, comparison of databanks or the investigation of traces using personal data comparisons has not been a topic of reflection in the current jurisprudence.