Official online legislation library maintained by the Brazilian government. http:// End of Document. Resource ID. Citation: Guadamuz A, ‘Habeas Data vs the European Data Protection Directive’, .. Lei Regula o direito de acesso a informações e disciplina o rito. Nov 19, Conpered \d those two, the writ of habeas data has a very short history. in a regulatory law {Congreso Nacional de Brasil, Lei ).

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Search the history of over billion web pages on the Internet. Full text of ” Philippine Commentary: Piino Supreme Court All over the world, judiciaries have been entertaining complaints and issuing writs pursuant to their task of pacifying disputes and resolving conflicts— more importantly, in guaranteeing the protection and vindication of rights of the individual against violations by public authorities and private entities.

In the history of law, filing an individual petition before courts to invoke constitutional rights has long been granted a substantive recognition. The first and perhaps most famous of these is the petition for a writ of habeas corpus, roughly translated, “You should have the body. It originated in the Middle Ages in England, recognized in the several 9570 of the Magna Carta, so that a person held in custody is brought before a judge or court to determine whether the detention is lawful or otherwise.

Aside from the writ of habeas corpus, several writs have been developed to protect the rights of the individual against the State.

Habeas Data Law | Practical Law

In the United States of America, the writs of mandamus, prohibition, and certiorari are used to command a governmental agency to perform a ministerial function, prohibit the commission of an illegal act, or correct an erroneous act committed with grave abuse of discretion.

In Taiwan, they have the writ of respondeat superior that makes a superior liable for the acts of the subordinate.

There are other mechanisms to protect human rights, but the most recent of these legal mechanisms is the writ of habeas data.

The habeas corpus writ has been used for more than five centuries now.

Habeas Data Law

The roots of the writ of habeas data can be traced to the Council of Europe’s “” Convention on Data Protection of The writ of habeas data may be said to be the youngest legal mechanism to appear in the legal landscape. A 99507 law scholar has hwbeas habeas data as “a procedure designed to safeguard individual freedom from abuse in the information age.


Seel Blackstone, Commentaries Isted. Concepto y Procedimiento 23 translation provided. In Latin American countries, however, it found use as an aid in solving their perennial problem of protecting the individual against human rights abuses.

Inthe Brazilian legislature voted a new Constitution, which included a novel right: Habeas Data shall be granted: Vata Guadamuz, Habeas Data: The Colombian Constitution, as reformulated in the version, recognizes the right to individual privacy and recognizes that the citizens shall have “the right to know, daha, update and rectify any information gathered about them in databases, both public and private.

Paraguay inPeru inArgentina inand Ecuador in Everyone may have access to information and data available on himself or assets in official or private registries of a public nature. He is also entitied to know how the information is being used and for what purpose. The petitioner is also given the opportunity to question the data and demand their “updating, rectification, ,ei destruction.

In ArticleSection 3 of the Constitution of Peru, a similar provision much like Brazil’s and Paraguay’s can be found. More than that their legislature was quick enough to provide for a regulatory law that took effect on April 18, The law recognized not only the procedural guarantees of updating one’s data as contained in manual or physical records, but also recognizing one’s right to update one’s “automated” data – those personal data kept and supplied by any “information service, automated or not.

In Argentina, the writ of habeas data is not specifically called “habeas data” but is subsumed by the Argentine writ of amparo.

Any habeeas may file this action referring to daga writ of habeas data to obtain information on the data about himself and their purpose, registered in public records or data bases, or in private ones intended to hxbeas information; and in case of false data or discrimination, this action may be filed to request the suppression, rectification, confidentiality or updating of said data.

The secret nature of the sources of journalistic information shall not be impaired. Like the Paraguay model, the Argentine version includes the judicial remedy to enforce one’s right to access, rectify, update, or destroy the data. Several studies in legal literature deal witii tiie varying effects of the writ of habeas data.

Legislatures in Latin America and in Europe are constantly reviewing the parameters of the writ and the extent of its regulation. The writ ought to be constantly reviewed, especially in this age of Information Technology, when privacy can easily be pierced by the push of a button.


But these studies undeniably show that the writ of habeas data has become “an excellent Human Rights tool mostly in the countries that are recovering from military dictatorships. In Argentina, the Argentine Supreme Court ruled that the writ of habeas data was available to the families of the deceased in a case involving extralegal killings and enforced disappearances.

The Philippine Bar Reviewer: The Writ of Habeas Data (by Chief Justice Reynato Puno)

It gave the victims access to police and military records otherwise closed to them. In essence, the decision established a right to truth. 957 right to truth is fundamental to citizens of countries in transition to democracy, especially those burdened by legacy of massive human rights violations. This right entitles the families of disappeared persons to know the totality of truth surrounding the fate 5907 their relatives.

The exercise of the right is particularly crucial in disappearances driven by politics, because they Guadamuz, Habeas Data, n. Indeed, truth is the bedrock of all legal systems, whether the system follows the common law tradition or the civil law tradition.

Justice that is not rooted in truth is injustice in disguise. That kind of justice will not stand the test of time, for it is not anchored on reality but on mere images. The Philippine version of the writ of amparo is designed to protect the most basic right of a human being, which is one’ s right to life, liberty and security guaranteed by all our Constitutions starting with the Declaration of Philippine Independence and the Universal Declaration of Dxta Rights of We are studying further how to strengthen the role of the judiciary as the last bulwark of habeax against violation of the constitutional rights haheas our people especially their right to life and liberty by the use habeas data.

It is our fervent hope that with the help of the writ of habeas corpus, the writ of amparo and the writ of habeas data, we can finally bring to a close the problem of extralegal 9057 and enforced disappearances in our country, spectral remains of the Martial Law regime.

A pleasant day to all.

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