**Updates IFEX alerts dated 25 April 1995; 18 August, 26 May, 26, 15 and 13 April 1994** The reforms to the constitutional guarantees regarding “Action of Protection [under the law]” (Accion de Amparo) and Habeas Data were promulgated on 12 June 1995 by the President’s Office and the texts published in the official daily “El […]
**Updates IFEX alerts dated 25 April 1995; 18 August,
26 May, 26, 15 and 13 April 1994**
The reforms to the constitutional guarantees regarding “Action of
Protection [under the law]” (Accion de Amparo) and Habeas Data
were promulgated on 12 June 1995 by the President’s Office and
the texts published in the official daily “El Peruano”. The
modifications, which had been approved by Congress in April 1995,
affect clauses 2 and 3 of Article 200 of the Constitution.
The new wording gives recourse to “Action of Protection” (Accion
de Amparo) in response to the infraction or threat by any body,
public servant or person to those constitutionally-guaranteed
rights not provided for under the clauses referring to Habeas
Data.
The modifications to the constitutional provisions on Habeas Data
indicate that action can be taken in response to the infraction
or threat by any body, public servant or person to rights
guaranteed under Article 2, clauses 5 and 6 of the Constitution.
Clauses 5 and 6 cover the areas of access to government, banking
and tax information, and deal with some aspects of the protection
of personal privacy. It is useful to note that the original text
of these provisions on Habeas Data had also previously covered
clause 7 of Article 2 of the Constitution on rights regarding
individual honour, personal and domestic privacy, and media
retractions for information deemed inaccurate or injurious.
