Privacy Law Survey 2021 - Bolivia

• Published date: 16 December 2021
• Subject Matter: Privacy, Data Protection, Privacy Protection
• Law Firm: Ally Law
• Author: Carlos Pintos (PPO Abogados) and Pablo Ordo'ez (PPO Abogados)

Consent

May consent be used as a legal basis for processing worker information? (Y/N - if N, please explain)
Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N - if Y, when is consent required)
No

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N - if Y, list the exceptions)
Yes. Processing of personal data, in case of legal obligations, will occur without specific consent.

Privacy Notice

Is the company required to provide a privacy notice to workers? (Y/N)
No.

Does the worker privacy notice need to address security measures?
Not necessarily. However, general regulation provides that data controller must adopt the necessary technical and organizational measures to guarantee the security of the information received to prevent its loss or unauthorized use and access.

Are there any other unique disclosure requirements with respect to the privacy notice (e.g. list data retention periods, state legitimate bases, etc.)?
No.

Data Subject Rights

Are there data subject rights for workers? (Y/N - if Y, please list)
Yes. Workers have the same rights as any data subject (i.e., right of access, rectification, updating, cancellation, objection or revocation).

What is the timeframe to respond to data subject requests from workers?
N/A.

Are there exceptions to responding to data subject requests from workers?
N/A.

Special Rules for Worker Information

Are there employment rules about privacy-related discrimination (e.g., unlawful to terminate employment due to worker submitting an access request)?
There are no specific employment rules on privacy-related discrimination.

Are there any unique requirements for transfers of employee information to third parties (i.e., contractual restrictions or otherwise)?
Yes. Generic rules about transfer of personal data to third parties are also applicable to employee information (i.e. prior knowledge and the express consent provided in writing or another comparable means).

Are there rules about automated decisionmaking involving workers (e.g., hiring decisions)?
No.

Are there rules about processing sensitive information or information about worker households or families (e.g., biometric data, health/medical information, sexual orientation, religious affiliation, union membership, etc.)?
No.

Are there specific security requirements for storing and processing worker information?
No. However, general...