HABEAS DATA: THIRD GENERATION GUARANTEE IN LATIN AMERICA
ANA DHAMO, IRIS DHAMO
Abstract:
In this conference we want to make our contribution in the theme " Habeas data: in Latin America", concept of habeas data, origin and evolution, regulatory developments of the right-guarantee habeas data in the Latin America, experience of Colombia, Brazil, Venezuela and Costa Rica, legal interests protected, active and passive subjects. The first theme that we want to discuss is related to the basic concept of habeas data, its origin and regulatory development, the regulatory and judicial development in the Latin America Continent. In second place we have analyzed some typical realities of Latin America, so that we can observe, through the constitutional paper, the respect and the rules for the application of this right- guarantee of third generation. Experience of Colombia, experience of Brazil, experience of Venezuela and experience of Costa Rica. The third theme in which was focused our study is related to the analysis of active and passive subjects, legitimate in the application of the right-guarantee of habeas data, the legal interest protected, legal and procedural aspects of this right-guarantee. Analytic study related to the guarantee of habeas data in the founding charts of the countries included in this study. Fields of application, legitimate of application and procedural aspects related. Comparative analysis of reality. Raise awareness of the Albanian legislator to build and include, at constitutional level, through the forms of constitutional review provided, the right-law of habeas data. Lead the Albanian citizens to learn, update and rectify the information concerning the protection of fundamental rights related with the privacy and honor. Make the necessary constitutional revisions provided, with the purposes of including in the constitution the right-guarantee of habeas data.
Keywords:
Habeas data, concept, new guarantee, origin, Colombia, Brazil, Venezuela, Costa Rica, Albania, active and passive subjects, public law, differences.
DOI: 10.52950/SS.2015.4.2.003
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APA citation:
ANA DHAMO, IRIS DHAMO (2015). Habeas data: third generation guarantee in Latin America. International Journal of Social Sciences, Vol. IV(2), pp. 25-28. , DOI: 10.52950/SS.2015.4.2.003
Data:
Received: 24 Feb 2015
Revised: 12 Apr 2015
Accepted: 6 May 2015
Published: 20 May 2015
Copyright © 2015, Ana Dhamo et al, anadhamo@libero.it