Habeas data

Habeas data is a writ and constitutional remedy available in certain nations. The literal translation from Latin of habeas data is "[we command] you have the data," or "you [the data subject] have the data."^[1] The remedy varies from country to country, but in general, it is designed to protect, by means of an individual complaint presented to a constitutional court, the data, image, privacy, honour, information self-determination and freedom of information of a person.

Habeas data can be sought by any citizen against any manual or automated data register to find out what information is held about his or her person. That person can request the rectification, update or the destruction of the personal data held. The legal nature of the individual complaint of habeas data is that of voluntary jurisdiction, which means that the person whose privacy is being compromised can be the only one to present it. The courts do not have any power to initiate the process by themselves.

^ Wolfson, Josiah (2017). "The Expanding Scope of Human Rights in a Technological World - Using the Inter-American Court of Human Rights to Establish a Minimum Data Protection Standard Across Latin America". The University of Miami Inter-American Law Review. 48 (3): 206. JSTOR 26788311.

[1] Wolfson, Josiah (2017). "The Expanding Scope of Human Rights in a Technological World - Using the Inter-American Court of Human Rights to Establish a Minimum Data Protection Standard Across Latin America". The University of Miami Inter-American Law Review. 48 (3): 206. JSTOR 26788311.

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