I. Legal Framework
Constitutional privacy framework
Several articles of the Constitution of El Salvador1 protect the right to privacy, which includes the inviolability of the home, the right to honor, personal and family intimacy, and the right to one's own image.2 The Constitution also protects the inviolability of any kind of communications by expressly prohibiting wiretapping3 and provides that any intercepted communication cannot be used in any proceeding, except in insolvency and bankruptcy proceedings.4 Every individual can express his thoughts freely whenever and in whatever way he chooses, unless it is against the public order, offends the morals, the honor or intrudes upon the private life of other persons (Article 6).
The Constitution does not contain any specific remedy against infringement to the right of privacy, unlike constitutions of other Latin American countries.5 However, the Constitution offers with the "Acción de Amparo" a general remedy that comes before any type of actions or omissions of any authority and before final decisions, pronounced by administrative dispute courts, that violate a fundamental right or impede its exercise.6
According to the Law of Constitutional Proceedings (Ley de Procedimientos Constitucionales), every person has the right to request an "Acci de Amparo" before the Constitutional Chamber of the Supreme Court of Justice, for violations of constitutional rights.
- 1. http://www.georgetown.edu/pdba/Constitutions/ElSal/ElSal83.html
- 2. Article 2 of the Constitution guarantees the right to honor, personal and family intimacy, and the respect of one's own image.
- 3. Article 24 of the Constitution.
- 4. Id.
- 5. Habeas data has different meanings in different countries in Latin America. In some Constitutions, like the Peruvian one, habeas data is used to refer to the "constitutional guarantee process," which protects not only the right of an individual to access information about himself (right to informational self-determination) but also the right to access whatever information an individual may require from any public body (freedom of information and access to government records). However, in Argentina, habeas data is "a right" by which every person may file an action to obtain knowledge of the content and purpose of collection of all the data pertaining to him contained in public records or databanks, or in private databanks whose purpose is to provide reports. In the case of false information or its use for discriminatory purposes, a person will be able to demand the deletion, correction, confidentiality or update of the data contained in the above records.
- 6. http://www.uc3m.es/uc3m/inst/MGP/JCI/02-elsalvador-leydeprocedimientosco...