Page 1

The Peruvian /

Saturday, January 7, 2017

LAWS

FIFTH. Registry
from people
legal
sanctioned
The Judicial Branch implements a computerized registry of
public nature for the registration of the imposed measures
to legal entities, with express mention of the name,
class of measure and duration of the same, as well as the detail
of the court and date of the sentence? firm, without
detriment of submitting parts to the Public Registries for the
corresponding registration, if applicable.
In the event that legal entities comply with the
measure imposed, the judge, official or at the request of the party,
orders its withdrawal from the registry, unless the measure has
definitive character.
The Judiciary may sign agreements with the
Supervisory Agency for State Procurement
(OSCE), among other institutions, to share the
information on record.
The Judiciary, within ninety business days
counted from the publication of this Decree
Legislative, issues the regulatory provisions
pertinent that regulate the procedures, access,
restrictions, registry operation and others
aspects necessary for its effective implementation.
EIGHTH. Functions of the Superintendency of
Stock Market - SMV
Provide that the SMV is empowered to issue
the technical report with the quality of institutional expertise,
and that it constitutes a procedural requirement for the
formalization of preparatory research by
crimes contained in article 1 of this regulation.
The report that analyzes the implementation and
operation of prevention models should be
issued within 30 business days of receipt
of the request? scal that requires it. "
REPEALING SUPPLEMENTARY PROVISION
SINGLE.- Repeal
Repeal article 19,
the sixth
Provision
Complementary Final and
the First
Provision
Complementary Modification of Law N ° 30424, Law that
regulates the administrative responsibility of people
legal proceedings for the crime of active transnational bribery
and article 8 of Legislative Decree No. 1106, Decree
Legislative for Effective Fight against money laundering and others
crimes related to illegal mining and organized crime.
THEREFORE:
I order that it be published and enforced, accounting for the
Congress of the republic.
Given at the Government House, in Lima, after six days
of the month of January of the year two thousand seventeen.
PEDRO PABLO KUCZYNSKI GODARD
Republic President
FERNANDO ZAVALA LOMBARDI
President of the Council of Ministers

1471551-4

LEGISLATIVE DECREE
No. 1353
THE PRESIDENT OF THE REPUBLIC
HOW MUCH:
That, through Law No. 30506, “Law that delegates to
the Executive Power the Faculty to legislate on matters
economic reactivation and formalization, security
citizen, fight against corruption, water and sanitation
and reorganization of Petroperú SA ”, the Congress of the
Republic has delegated to the Executive Power the faculty
to legislate on the fight against corruption, by the
term of ninety (90) calendar days;
That, in this sense, literals a) and b) of subsection 3 of the
Article 2 of the aforementioned legal device establishes that the Power

Saturday, January 7, 2017

Second.- Validity
This Legislative Decree enters into force on
day after the publication of the Supreme Decree that
approves its Regulations and the amendment of the Regulations
of Organization and Functions of the Ministry of Justice and
Human rights.
Third.- Appointment of members of the Tribunal
The members of the Tribunal are appointed within a
no more than ninety (90) days from the date
of entry into force of the modification of the Regulation
of Organization and Functions of the Ministry of Justice and
Human rights.
Fourth.- Financing
The implementation of this Legislative Decree
financed from the institutional budget of the
Ministry of Justice and Human Rights.
SUPPLEMENTARY PROVISIONS
MODIFICATIONS
First.- Modi? Cation of Law No. 27806, Law
of Transparency and Access to Public Information,
in accordance with its Single Ordered Text, approved by
Supreme Decree No. 043-2003-PCM
Modify articles 11 and 13 of Law No. 27806,
Law of Transparency and Access to Public Information,
in accordance with its Single Ordered Text, approved by Decree
Supreme N ° 043-2003-PCM, in the following terms:
"Article 11.- Procedure
Access to public information is subject to
following procedure:
a) Any request for information must be addressed to the
official appointed by the administration entity
Public to carry out this work. In case this is not
had been designated, the request is directed to the official
who has in his possession the required information or the superior
immediate.The entity's dependencies have the obligation
to direct the requests to the official in charge.
b) The entity of the Public administration to which
the request for information has been submitted must
grant it within a period of no more than twelve (12) business days,
without prejudice to what is established in literal h).
In the event that the administration entity
Public is not obliged to possess the requested information
and knowing your location or destination, you must redirect the
request to the obliged entity or to the one that owns it, and
inform the applicant of said circumstance.
c) Denial of access to information is subject to
to the provisions of the second paragraph of article 13 of the
present Law.
d) If there is no response within the period provided for in the
subsection b), the applicant may consider his / her
order.
e) In the cases indicated in paragraphs c) and d) of the
this article, the applicant within a period no longer than
fifteen (15) calendar days can file the appeal
of appeal before the Court of Transparency and access
to Public Information, which must resolve said
appeal within a maximum period of ten (10) business days, under
responsibility.
f) If the National Transparency and Access Authority
to Public information, does not resolve the appeal of
appeal within the prescribed period, the applicant may consider
the administrative route has been exhausted.
g) Exceptionally, when it is materially
impossible to comply with the period indicated in literal b)
due to just causes related to the proven
and manifests this lack of logistical or operational capacity or
human resources of the entity or to the significant volume
of the information requested, for one time the entity must
communicate to the applicant the date on which they will provide the
information requested in a duly substantiated manner,
within a maximum period of two (2) business days of receipt
the request for information. Failure to meet the deadline
empowers the applicant to appeal to the National Authority of
Transparency and Access to Public Information.

Saturday, January 7, 2017

1. agreements within the framework of international treaties
on the matter in which the Republic of Peru is
part.
two.International judicial cooperation.
3. International cooperation between
intelligence for the fight against terrorism, traffic
illicit drugs, money laundering, corruption, trafficking
people and other forms of organized crime.
4. When personal data is necessary to
the execution of a contractual relationship in which the owner
of personal data is part, including what is necessary
for activities such as user authentication, enhance
and service support, service quality monitoring,
support for the maintenance and billing of the account and
those activities that the management of the contractual relationship
required.
5. In the case of bank transfers or
stock market, in relation to the respective transactions and
in accordance with applicable law.
6. When the cross-border flow of personal data
is performed for the protection, prevention, diagnosis or
medical or surgical treatment of its holder; or whenever
necessary for conducting epidemiological studies
or similar, as long as procedures are applied
proper dissociation.
1. When the owner of the personal data has
given your prior, informed, express and
unequivocal.

The Peruvian /

Saturday, January 7, 2017

STRENGTHENS THE PROTECTION REGIME OF
Article 6.- Court of Transparency and Access to
Public Information
The Court of Transparency and Access to Information
Public is a decision-making body of the Ministry of Justice
and Human Rights, which constitutes the last instance
administrative law regarding transparency and the right to
access to public information at the national level. As such
competent to resolve disputes that arise
in these matters. It depends administratively on the
Minister and has autonomy in the exercise of its functions.
Its operation is governed by the provisions contained
in this Law and in its complementary regulations and
regulatory.

PERSONAL DATA AND THE REGULATION OF
INTEREST MANAGEMENT
CHAPTER I
GENERAL DISPOSITION
Article 1.- Purpose
The purpose of this Legislative Decree is to create
the National Authority for Transparency and Access to
Public Information, strengthen the Protection Regime of
Personal Data and the regulation of the management of interests.

Article 3.- Legal nature and powers of
The authority
The Ministry of Justice and Human Rights to
through the National Directorate of Transparency and
Access to Public Information is the National Authority
of Transparency and Access to Public Information, in
forward authority.
The Authority is governed by the provisions of Law No.
27806, Law of Transparency and Access to Information
Public, by this Law and the regulatory norms.

"Article 16.- Of the Registry of Visits
The public entities provided for in article 1 carry
Visitation records in electronic formats in which
information is recorded on the people who attend
meetings or hearings with a public official or servant.
The information provided by the visitor to the entity
public for the Registration of Visits has the character of
Sworn declaration.
The information contained in the Register of Visits and
in the Official Agenda of each planned public official
in Article 5 of this Law, it must be published in the
web portal of each entity.
Officials or public servants, who are
re? ers article 5 of the Law, that they detect an action
management of interests by a person who does not
has entered said matter in the Visits Register,
they have the duty to register said omission in the Registry. "
PROVISION
COMPLEMENTARY REPEAL
Unique.- Repeal
Repeal articles 8, literal e) of article 10, 11,
12, 13, 14, 15, 19, 20 and 21 of Law No. 28024, Law that
regulates the management of interests in public administration.
THEREFORE:
Command is published and fulfilled, accounting for the
Congress of the republic.
Given at the Government House, in Lima, after six days
of the month of January of the year two thousand seventeen.
PEDRO PABLO KUCZYNSKI GODARD
Republic President
FERNANDO ZAVALA LOMBARDI
President of the Council of Ministers

9.1
when resolving the appeal on surrender
information, the Authority can confirm, modify
or revoke the entity's decision. Within this
procedure, the Court asks the entity to send
your discharges. If the discharge is considered insufficient,

"Article 13.- Denial of access
The entity of the Public Administration to which the
request information, you will not be able to deny it based on your
decision on the identity of the applicant.
Denial of access to the requested information
must be duly substantiated by the exceptions
Articles 15 to 17 of this Law; and the term for which
said impediment will be prolonged.
The request for information does not imply the obligation
of public administration entities to create
or produce information that does not have or does not have
obligation to count at the time of ordering.
In this case, the Public Administration entity
must communicate in writing that the denial of the
request is due to the non-existence of data in their possession
regarding the requested information.
This Law does not empower applicants to require the
entities that carry out evaluations or analysis of the
information they have. Does not qualify in this limitation
processing of pre-existing data in accordance with
established by regulatory standards, unless
this implies collecting or generating new data.
Information may not be denied when requested to
this is delivered in a certain form or medium,
provided that the applicant assumes the cost of the
order.
When a Public Administration entity does not
locates information that it is obliged to possess or safeguard,
You must prove that you have exhausted the necessary actions
to obtain it yet provide a response to the applicant.
If the information request has not been
satisfied, the answer would have been ambiguous no
the preceding requirements have been met,
it will consider that there was a refusal to provide it ”.

1471551-5
ERRATA
LEGISLATIVE DECREE
No. 1290

for:

Article 34.- Scope of application
This sanctioning regime is applicable to
actions or omissions that violate the legal regime
transparency and access to public information,
typified in this Title, in accordance with article
4 of this Law.
Article 35.- Types of sanctions
35.1 The sanctions that may be imposed for the
infractions provided for in this sanctioning regime
are as follows:
a) written warning.
b) Suspension without having between ten and one hundred
eighty days.
c) Fine not greater than five tax units
tributary.
d) Dismissal.
e) Disqualification.
35.2 Legal persons under the private regime
that provide public services or perform functions
administrative, by virtue of concession, delegation or
State authorization are subject to the sanction of
fine, in accordance with the regulations of the matter.
Article 36.- Classification of infractions
The offenses are classified as minor, serious and very
serious, which are typified by regulation, of
in accordance with the provisions of paragraph 4) of article 230
of Law No. 27444, Law of Administrative Procedure
General, by means of a Supreme Decree endorsed by the
Ministry of Justice and Human Rights.
Without prejudice to the sanctions that within the framework of its
competition imposed by the competent authorities,
can order the implementation of one or more measures
corrective measures, with the aim of correcting or reversing
effects that the offending conduct may have caused or
prevent it from happening again.

77
2. Others established by the regulations of the present
Law, subject to the provisions of article 12 ".
"Article 18. Right to information of the data subject
personal data The owner of personal data has the right to be
informed in a detailed, simple, express, unequivocal way
and prior to its compilation, on the purpose for
which your personal data will be processed; who are they or
your recipients may be, the existence of the data bank
in which they will be stored, as well as the identity and address
of its owner and, if applicable, of the person or persons in charge of the
processing of your personal data; the mandatory character
or optional of your answers to the questionnaire that is
propose, especially regarding sensitive data; the
transfer of personal data; the consequences
of providing your personal data and of your refusal to
do it; the time during which your data is kept
personal; and the possibility of exercising the rights that the law
grants you and the means provided for it.
If personal data is collected online at
through electronic communications networks,
Obligations of this article can be satisfied
by publishing privacy policies, which
They must be easily accessible and identifiable.
In the event that the owner of the data bank establishes
linking with a processor in a manner
after consent, the actions of the person in charge
is under the responsibility of the Head of the Bank of
Data, having to establish an information mechanism
personalized for the owner of personal data on
said new data controller.
If, after consent, the
transfer of personal data by merger, acquisition
portfolio, or similar assumptions, the new owner of the
database should establish a mechanism for
effective information for the owner of personal data
on said new person in charge of treatment ”.
"Article 20. Right to update, inclusion,
rectification and deletion
The owner of personal data has the right to
updating, inclusion, rectification and deletion of
your personal data subject to treatment, when
these are partially or totally inaccurate, incomplete,
when omission, error or falsehood has been noticed,
when they are no longer necessary or relevant to
the purpose for which they were collected or when
the term established for their treatment had expired.
If your personal data had been transferred
previously, the data controller
personnel must communicate the update, inclusion,
rectification or deletion to those who have been transferred,
in the event that the treatment is maintained by the latter,
who must also proceed with the update, inclusion,
rectification or deletion, as appropriate.
During the process of updating, inclusion, rectification
or deletion of personal data, the person in charge of treatment
personal data has its blocking, being prevented
to allow third parties to access them. Said lock does not
is applicable to public entities that require such
information for the proper exercise of their powers,
according to law, which must inform that it is in process
any of the aforementioned processes.
The deletion of personal data contained in
public administration personal data banks
is subject to the provisions of article 21 of the Sole Text
Ordered of Law 27806, Law of Transparency and Access
to Public Information, or the one that takes its place ”.
"Article 21. Right to prevent the supply
The owner of personal data has the right to prevent
that these are supplied, especially when it
affect their fundamental rights. The right to prevent
supply does not apply to the relationship between the bank owner
of personal data and the person in charge of data processing
personal for the effects of the treatment of these ”.
"Article 22. Right of opposition
Provided that the law does not provide otherwise and
when he had not given consent, the owner
of personal data you can oppose to its treatment
when there are well-founded and legitimate reasons related to
a concrete personal situation. In case of opposition
justified, the owner or the person in charge of processing
personal data, as appropriate, you must proceed to
its deletion, in accordance with the law ”.

79
Given at the Government House, in Lima at twenty-eight
day of the month of December of the year two thousand and sixteen.
PEDRO PABLO KUCZYNSKI GODARD
Republic President
FERNANDO ZAVALA LOMBARDI
President of the Council of Ministers
PATRICIA J. GARCÍA FUNEGRA
Minister of Health ”
BRUNO GIUFFRA MONTEVERDE
Minister of Production "
1471552-1
ERRATA
LEGISLATIVE DECREE
No. 1305
Through Official Letter No. 020-2017-DP / SCM, the Secretariat
of the Council of Ministers requests the publication of the Errata
of Legislative Decree No. 1305, published in the edition
December 30, 2016.
HE SAYS:
"COMPLEMENTARY PROVISION
MODIFICATION
Sole.- Modi? Cation of literal a) of article 32 of
Law No. 27657
Modify literal a) of article 32 of Law No.
27657, the same one that will be drawn up according to the text
following:
"Article 32.- Of the Public Bodies
The Public Bodies attached to the Ministry of
Health are as follows:
a) The National Institute of Health (INS), made up of
according to the functional structure approved by its Regulations
of Organization and Functions.
(….) "

Through Official Letter No. 023-2017-DP / SCM, the Secretariat
of the Council of Ministers requests the publication of the Errata
of Legislative Decree No. 1290, published in the edition
December 29, 2016.
HE SAYS:
"THEREFORE:
Command is published and fulfilled, accounting for the
Congress of the republic.
Given at the Government House, in Lima at twenty-eight
day of the month of December of the year two thousand and sixteen.
PEDRO PABLO KUCZYNSKI GODARD
Republic President
FERNANDO ZAVALA LOMBARDI
President of the Council of Ministers
PATRICIA J. GARCÍA FUNEGRA
Minister of Health
SHOULD SAY:
"THEREFORE:
Command is published and fulfilled, accounting for the
Congress of the republic.

"COMPLEMENTARY PROVISION
MODIFICATION
Sole.- Modi? Cation of literal a) of article 32 of
Law No. 27657
Modify literal a) of article 32 of Law No.
27657, the same one that will be drawn up in accordance with the text
following:
"Article 32.- Of the Public Bodies
The Public Bodies attached to the Ministry of
Health are as follows:
a) The National Institute of Health (INS), made up of
according to the functional structure approved by its Regulations
of Organization and Functions. "
HE SAYS:
"COMPLEMENTARY PROVISION
REPEAL
Sole.- Repeal
Repeal the Fourth Final Complementary Provision
of Legislative Decree No. 1161, Legislative Decree that
approves the Law of Organization and Functions of the Ministry
of health; Legislative Decree No. 1166, Legislative Decree
that approves the formation and operation of the Networks
Integrated Primary Health Care; and Law No. 28748,
Law that creates as a Decentralized Public Organism the
National Institute of Neoplastic Diseases - INEN
SHOULD SAY:
"COMPLEMENTARY PROVISION
REPEAL
Sole.- Repeal
Repeal the Fourth Complementary Provision
End of Legislative Decree No. 1161, Legislative Decree

LAWS

"Article 2. De? Nitions
For all purposes of this Law, it is understood

"TITLE V
SANCTIONS REGIME

1. Bank of
personal information. Set
organized from
data
personal, automated or
no, regardless of the support, be it physical,
magnetic, digital, optical or others to be believed, whatever
whatever the form or modality of its creation, formation,
storage, organization and access.
2. Administration personal data bank
private . Personal data bank whose ownership
corresponds to a natural person or a person
private law legal system, as the bank does not
is strictly linked to the exercise of
Powers of public law.
3. Administration personal data bank
public . Personal data bank whose ownership
corresponds to a public entity.
Four.
Personal information. All information about a
natural person who identifies it or makes it identifiable
through means that can be reasonably
used.
5. Sensitive data. Personal data constituted
by biometric data that by themselves can
identify the owner; data referring to racial and ethnic origin;
economic income; political opinions or convictions,
religious,? philosophical or moral; union membership; and
information related to health or sexual life.
6 days. Business days.
7. Person in charge of processing personal data. All
natural person, legal person under private law or
public entity that alone or acting jointly with another
carries out the processing of personal data on request
of the owner of the personal data bank by virtue of a
legal relationship that binds you to it and defines the
scope of its action. Includes who performs the treatment
without the existence of a personal data bank.
8. Order of treatment. Delivery by the
owner of the personal data bank to a person in charge of
processing of personal data by virtue of a relationship
legal that binds them. This legal relationship defines the
scope of action of the person in charge of processing
personal information.
9. Public entity. Entity included in article I
of the Preliminary Title of Law 27444, Law of Procedure
administrative General, or the one that takes its place.
10. Cross-border flow of personal data.
International transfer of personal data to a
recipient located in a country other than the country of origin
of personal data, regardless of the medium in which
these are found, the means by which it was carried out
the transfer or the treatment they receive.
11. Sources accessible to the public. Banks of
personal data of public or private administration,
that can be consulted by anyone,
prior payment of the corresponding consideration, of
be the case. Sources accessible to the public are
determined in the regulation.
12. Sufficient level of data protection
personal. Level of protection covering at least the
consignment and respect for the guiding principles of this Law,
as well as technical security and confidentiality measures,
appropriate according to the category of data in question.
13. Legal person under private law. In order to
effects of this Law, the legal person not understood
within the scope of Article I of the Preliminary Title of the
Law 27444, Law of General Administrative Procedure.
14. Anonymization procedure. Treatment
of personal data that prevents identification or does not
makes the holder of these identi? cable. The process is
irreversible.

78
"Article 25. Right to be compensated
The owner of personal data that is affected by
consequence of non-compliance with this Law
by the owner or by the person in charge of data processing
personal or by third parties, you have the right to obtain the
corresponding compensation, according to law ”.

10.1 Public servants of the authority and of the
Court, under responsibility, have the obligation to
not make use of the information they know for?
other than the exercise of their functions.
10.2 When it comes to secret, reserved information
con? dential, they have an obligation of diligent care if
they become aware of it in the exercise of their function.
likewise, they cannot make public knowledge of the
herself. These obligations extend for five (5) years
after termination of the position or the time that the information
keep the condition secret, reserved or con? dential.
The breach of this duty is considered a serious offense,
without prejudice to the civil or criminal liability that it entails.

12.2 In case of expiration of the term of the mandate,
the member exercises functions until the appointment of the
replacement.
Article 13.- Duty of collaboration
In the exercise of the powers of authority and
Court, entities, their civil servants and officials
public, as well as natural or legal persons are
obliged to attend promptly and under responsibility,
any of your requirements or requests.
Article 14.- Inhibition
The members of the Tribunal, ex officio, abstain from
participate in procedures in which they identify
found in any of the causes provided in
Article 88 of Law No. 27444, Law of Procedure
administrative General, in the first opportunity in which
know about the specific procedure in which
there is any incompatibility that prevents their participation.

First.- Regulation
The Executive Power, through Supreme Decree, with
approving vote of the Council of Ministers, approves the

Third.- Modi? Cation of articles 2, 3, 12, 14,
15, 18, 20, 21, 22, 25 and 27 of Law No. 29733, Law of
personal data protection
Modify articles 2, 3, 12, 14, 15, 18, 20, 21, 22,
25 and 27 of Law No. 29733, Data Protection Law
Personal, in the following terms:

Second.- Incorporation of Title V to Law No.
27806, Law of Transparency and Access to Information
Public, in accordance with its Single Ordered Text,
approved by Supreme Decree No. 043-2003-PCM
Incorporate Title V to Law No. 27806, Law of
Transparency and Access to Public Information, in accordance
to its Single Ordered Text, approved by Supreme Decree
N ° 043-2003-PCM, in the following terms:

10.- Con? Dentiality of the

FINAL SUPPLEMENTARY PROVISIONS

Article 37.- Responsibility
The responsibility of officials and servants
public for the breach of obligations derived
of the rules on transparency and access of the
public information is subjective.

SHOULD SAY:
MaRía SOLEDaD PéREz TELLO
Minister of Justice and Human Rights

76

Article
information

1. Not be under 35 years of age.
2. Have a professional title or bachelor's degree
with mastery.
3. Have no criminal or judicial record.
4. Not be suspended or disabled in the
exercise of public function by administrative decision
? rme or judicial sentence with quality of res judicata.
5. Have 10 years of professional experience
accredited, of which at least 3 years must be in or
with the public administration.
6. Not be in a contest situation, disqualified from
contract with the State or find yourself convicted of
willful crime incompatible with the exercise of the function.
7. Not being registered in the Debtors Registry
delinquent food.
8. Not having a conflict of interest with the subjects
related to the exercise of their function.

Article 9.- Scope of the procedure of
appeal for delivery of information

75

requests the remission of the information on which the
appeal. If the appeal is founded, the Court
orders the obliged entity to deliver the information
requested by the administrator.
9.2 In the framework of the administrative procedure of
appeal to which the previous paragraph refers, result
of application the assumptions established in the articles
15, 16 and 17 of the Single Ordered Text of Law No. 27806,
Law of Transparency and Access to Public Information,
approved by Supreme Decree No. 043-2003-PCM,
as well as the cases of exception to access to the
information regulated in special laws.

12.1 The members of the Court must comply with the
following minimum requirements:

Article 8.- Application of sanctions to servers
public
In the cases of appeal provided for in numeral 2 of the
Article 7, the Court can confirm, revoke or modify
in all its extremes the decision adopted by the entity
on the administrative sanctioning procedure. The
entity is obliged to comply with the authority's decision
not being able to go to the contentious-administrative route
to question her.
In case the sanction imposed by the entity is the
removal or disqualification, it is up to the Court
is pronounced by means of a report that constitutes evidence
pre-constituted that will be sent to the Service Court
Civil, so that it resolves the appeal.

1. Propose policies on transparency and
Access to public information.
2. Issue directives and guidelines that are necessary
for compliance with the rules in the field of its
competence.
3. Supervise compliance with the regulations on the matter
transparency and access to public information.
Four.
Answer the queries that the entities or
legal or natural persons formulate you regarding
the application of rules of transparency and access to
public information.
5. Promote a culture of transparency and access to
public information.
6. Request, within the scope of its competence, the
information deemed necessary by entities,
which are in the obligation to provide it, except
the exceptions provided in the Transparency Law and
Access to public information.
7. Prepare and present to the Congress of the Republic
the annual report on requests for access to the

A Peruvian man

Article 12.- Requirements to be a Member of the Court

1. Resolve appeals against
the decisions of the entities included in the
Article I of the Preliminary Title of Law No. 27444, Law
of the General Administrative Procedure, in matters
transparency and access to public information. His
decision exhausts the administrative route.
2. Resolve, in the last administrative instance, the
Appeals filed by officials
and public servants sanctioned for non-compliance
of the rules of transparency and access to information
public under the terms established in the following article.
3. Settle by means of a binding technical opinion the
cases in which there is conflict between the application
of Law 29733, Personal Data Protection Law
and Law No. 27806, Law of Transparency and Access to
Public information.
4. Establish binding precedents when so
expressly indicate it in the resolution issued,
in which case it must have its publication in the Journal
O? Cial El Peruano and on its institutional portal.
5. Safeguard declarations of conflict of interest.
6. The others established by the Regulation.

CHAPTER II
OF THE NATIONAL TRANSPARENCY AUTHORITY
AND ACCESS TO PUBLIC INFORMATION

Saturday, January 7, 2017 /

Article 11.- Formation of the Tribunal
The Court is made up of three (3) members
appointed by Supreme Resolution for a period
of four (4) years, after a public tender carried out
in accordance with the provisions of the Regulations. at least
a member must be a lawyer.

Article 7.- Functions of the Tribunal
The Tribunal has the following functions:

Article 2.- Scope of application
The norms contained in this Decree
Legislative are applicable to all entities indicated
in Article I of the Preliminary Title of Law No. 27444, Law
of the General administrative Procedure; as well as at
State companies, natural and legal persons of
private law, as appropriate; and the people
included in Law No. 29733, Law for the Protection of
Personal information.

LAWS

"Article 7.- Of the interest manager
The natural person is defined as an interest manager
or legal, national or foreign, that develops acts of
management of their own interests or those of third parties, in relation to
with public decisions made by officials
public included in article 5 of this Law. "

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Article 5.- Guidelines regarding
classification and declassification of information
The sectors linked to the established exceptions
in articles 15, 16 and 17 of the Single Ordered Text of the Law
N ° 27806, Law of Transparency and Access to Information
Public elaborate, jointly with the authority,
guidelines for classi? cation and declassi? cation of
information that is considered confidential, secret or
reserved. These guidelines are approved through
of Supreme Decree with the approving vote of the Council
of Ministers, endorsed by the President of the Council of
Ministers, the Minister of Justice and Human Rights and the
Minister of Economy and Finance.

NATIONAL TRANSPARENCY AUTHORITY
AND ACCESS TO PUBLIC INFORMATION,

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of a scientific or professional relationship of the holder and are
necessary for its development or fulfillment.
6. In the case of personal data relating to the
health and is necessary, in circumstances of risk, for the
prevention, diagnosis and medical or surgical treatment
of the owner, provided that said treatment is carried out in
health establishments or professionals in science
health, observing professional secrecy; or when they mediate
reasons of public interest provided by law or when they must
be treated for public health reasons, both reasons should
be qualified as such by the Ministry of Health; or to
conducting epidemiological or similar studies, in
both appropriate cleavage procedures are applied.
7. When the treatment is carried out by organisms
non-profit whose purpose is political, religious or
union and referred to personal data collected from
their respective members, who must be related
for the purpose to which their activities are circumscribed, not
being able to be transferred without consent of those.
8. When a procedure of
anonymization or disassociation.
9. When the processing of personal data is
necessary to safeguard legitimate interests of the owner
of personal data by the owner of personal data
or by the person in charge of processing personal data.
10. When the treatment is for purposes related to the
money laundering and financing prevention system
terrorism or others that respond to a legal mandate.
11. In the case of economic groups formed
by companies that are considered obligated subjects to
inform, in accordance with the rules that regulate the Unit
of Financial Intelligence, that they can share
information to each other from their respective customers for?
prevention of money laundering and? financing of the
terrorism, as well as other regulatory compliance,
establishing adequate safeguards on the
confidentiality and use of the information exchanged.
12. When the treatment is carried out in exercise
constitutionally valid of the fundamental right to
freedom of information.
13. Others that derive from the exercise of powers
expressly established by law ”.
"Article 15. Cross-border data flow
personal
The owner and the person in charge of data processing
personal data must carry out the cross-border flow of data
personal only if the recipient country maintains levels of
adequate protection in accordance with this Law.
In the event that the recipient country does not have
an adequate level of protection, the issuer of the ow
cross-border personal data should ensure that the
processing of personal data is carried out in accordance with
to the provisions of this Law.
The provisions of the second paragraph in the
following cases:

74
public information. This report is presented within the
first quarter of each year and is published on the page
authority website.
8. Supervise compliance with the update of the
Transparency Portal.
9. Others that are established in the rules
regulatory.

LEGISLATIVE DECREE CREATING THE

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Regulation of this Legislative Decree within a period
maximum of ninety (90) calendar days counted from
the day after publication in the Official Gazette El
Peruvian of this Legislative Decree.

The Peruvian /

Executive is empowered to legislate on matters of struggle
against corruption in order to create the National Authority for
Transparency and Access to Public Information, as well as
approve measures aimed at the fight against corruption
from anyone, including measurements
to facilitate citizen participation through
mechanisms that allow the timely and effective reception of
complaints about acts of corruption.
In accordance with the provisions of literal a) and b)
of subsection 3 of article 2 of Law No. 30506 and article
104 of the Political Constitution of Peru;
With the approving vote of the Council of Ministers;
With charge to report to the Congress of the Republic;
Has issued the following Legislative Decree:

Article 4.- Functions of the Authority
The authority has the following functions in matters
transparency and access to public information:

MaRía SOLEDaD PéREz TELLO
Minister of Justice and Human Rights

The Peruvian /

73

LAWS

Saturday, January 7, 2017 /

A Peruvian man

15. Dissociation procedure. Treatment of
personal data that prevents identification or does not
identi? cable to the holder of these. The procedure is reversible.
16. Holder of personal data. Natural person to
who corresponds the personal data.
17. Holder of the personal data bank. Person
natural, legal person of private law or entity
that determines the purpose and content of the bank of
personal data, the treatment of these and the measures of
safety.
18. Transfer of personal data. All
transmission, supply or manifestation of personal data,
national or international, to a legal person
of private law, to a public entity or to a person
natural different from the owner of personal data.
19. Processing of personal data. Any
operation or technical, automated or
no, it allows the collection, registration, organization,
storage, conservation, elaboration, modification,
extraction, consultation, use, blocking, deletion,
communication by transfer or by broadcast or any
another form of processing that facilitates access,
correlation or interconnection of personal data ”.
"Article 3. Scope of application
The This Law is applicable to the data
personal content or intended to be contained in
public administration personal data banks and
of private administration, whose treatment is carried out in
the national territory. They are object of special protection
sensitive data.
The provisions of this Law are not applicable to
the following personal data:
1. to the content or intended to be content
in personal data banks created by people
natural for purposes exclusively related to their
private or family life.
2. To the contents or intended to be contained
in public administration databases, only in
as long as their treatment is necessary for the strict
compliance with the powers assigned by law to the
respective public entities, for national defense,
public safety, and for the development of activities in
criminal matter for the investigation and repression of crime ”.
"Article 12. Value of the principles
The performance of the owners and managers of
processing of personal data and, in general, of all
those who intervene in relation to personal data, must
conform to the guiding principles referred to in this
Qualification. This list of guiding principles is illustrative.
The outlined guiding principles also serve as
interpretive criteria to resolve the issues that
may arise in the application of this Law and its
regulation, as well as parameter for the elaboration of
other provisions and to fill gaps in the legislation
on matter ”.
"Article 14. Limitations on consent to
the processing of personal data
The consent of the data subject is not required
personal, for the purposes of their treatment, in the
following cases:
1. When personal data is collected or
trans? were for the exercise of the functions of the
public entities within the scope of their powers.
2. In the case of personal data contained or
intended to be contained in accessible sources for
the public.
3. In the case of personal data relating to the
patrimonial and credit solvency, according to law.
4. When there is a norm for the promotion of
competition in regulated markets issued in
exercise of the normative function by the organisms
regulators referred to in Law 27332, Framework Law on
Regulatory Bodies of Private Investment in
Public Services, or the one that takes its place, always
that the information provided is not used to the detriment
of the user's privacy.
5. When personal data is necessary to
the preparation, celebration and execution of a relationship
contractual in which the owner of personal data is
part, or in the case of personal data derived

Saturday, January 7, 2017 /

A Peruvian man

Personal Data, with the purpose of registering in the form
differentiated, at the national level, the following:
1. The administration personal data banks
public or private, as well as the data related to these
that are necessary for the exercise of rights
that correspond to the holders of personal data,
in accordance with the provisions of this Law and its regulations.
The exercise of this function does not allow the knowledge
of the content of personal data banks by
part of the National Data Protection Authority
Personal, except administrative procedure in progress.

"Article 27. Limitations
The owners and those in charge of data processing
public administration personnel may deny the
exercise of the rights of access, deletion and opposition
for reasons based on the protection of rights and
interests of third parties or when this may hinder
ongoing judicial or administrative actions related to
2. Communications of cross-border flow of
to the investigation on the fulfillment of obligations
personal information.
tax or social security, to criminal investigations on
3. Sanctions, precautionary or corrective measures
the commission of misdemeanors or crimes, to the development of functions ofimposed by the National Protection Authority
control of health and the environment, to the verification of
of Personal Data in accordance with this Law and its
administrative offenses, or when the law so provides ”.
regulation.
Anyone can consult the Registry
Fourth.- Modi? Cation of the name of the
National Protection of Personal Data the existence
Title IV and article 28 of Law No. 29733, Law of
of personal data banks, their purposes, as well as
personal data protection
the identity and address of its holders and, if applicable,
Modify the name of Title IV and the article
of their managers ”.
28 of Law No. 29733, Data Protection Law
Personal, in the following terms:
"Article 38.- Classification of infractions
The offenses are classified as minor, serious and very
"TITLE IV
serious, which are typified by regulation, of
OBLIGATIONS OF THE OFFICER AND THE OFFICER
in accordance with the provisions of paragraph 4) of article 230
PROCESSING OF PERSONAL DATA
of Law No. 27444, Law of Administrative Procedure
General,
by Supreme Decree with the vote
Article 28. Obligations
approval of the Council of Ministers.
The owner and the person in charge of data processing
Without prejudice to the sanctions that within the framework of
personal, as the case may be, have the following
its competence is imposed by the competent authority, this
obligations:
can order the implementation of one or more measures
corrective measures, with the aim of correcting or reversing
1. Carry out the processing of personal data, only
effects that the offending conduct may have caused or
prior informed, express and unequivocal consent
prevent it from happening again.
of the owner of personal data, except authoritative law,
Managers are objectively responsible
With the exception of the assumptions set forth in article
for the breach of obligations derived from the
14 of this Law.
norms on the protection of personal data ”.
2. Do not collect personal data by means
fraudulent, unfair or illegal.
Fifth.- Modi? Cation of article 12 of the Decree
3. Collect personal data that is updated,
Legislative No. 1129, Legislative Decree that regulates the
necessary, pertinent and adequate, in relation to
National Defense System
specific, explicit and legal purposes for which
Modify article 12 of the Legislative Decree
have been obtained.
N 1129, Legislative Decree that regulates the System of
4. Not to use the personal data object of
National Defense, in the following terms:
treatment for purposes other than those that
motivated its collection, unless there is a procedure
"Article 12.- Access to information
of anonymization or disassociation.
The agreements, minutes, recordings, transcripts and in
5. Store personal data in such a way that
general, any information or documentation that is generated
the exercise of the rights of its owner is made possible.
in the field of matters related to Security and
6. Delete and replace or, where appropriate, complete the
National Defense, and those that contain deliberations
personal data object of treatment when you have
held in sessions of the Security and Defense Council
knowledge of its inaccurate or incomplete nature, without
National, are governed by the Law of Transparency and Access to
prejudice to the rights of the owner in this regard.
Public information, regarding its dissemination, public access
7. Delete the personal data object of treatment
and exceptions, as applicable. "
when they are no longer necessary or relevant
to the purpose for which they were collected or
Sixth.- Modification of Law No. 28024, Law that
the term for your treatment has expired, unless
regulates the management of interests in the administration
mediate anonymization or dissociation procedure.
public
8. Provide the National Protection Authority
Amend articles 1, 7 and 16 of Law No.
of Personal Data the information related to the treatment
28024, Law that regulates the management of interests in the
of personal data that this requires and allow the
public administration, in the following terms:
access to the personal data banks that it manages,
for the exercise of their functions, within the framework of a
"Article 1.- Purpose and?
ongoing administrative procedure requested by the
This Law regulates the management of interests in
affected part.
the field of public administration, understood as
9. Others established in this Law and its regulations ”.
a lawful activity to promote legitimate interests
own or third parties, whether individual, sectoral
"Article 31. Codes of conduct
or institutional in the decision-making process
31.1 The entities representing the holders
public, with the purpose of ensuring transparency in
or managers
processing of personal data
State actions.
private administration can develop codes of conduct
For the purposes of this Law, it is understood by
that establish standards for data processing
public administration to the entities to which it refers
personnel that tend to ensure and improve the conditions
Article I of the Preliminary Title of Law No. 27444 - Law
information systems operation based on
of the General administrative Procedure; including the
the guiding principles established in this Law.
companies included in the business management of the State.
This Law does not include the functions
"Article 34. National Registry for the Protection of
jurisdictional powers of the Judicial Power, of the
Personal information
constitutionally autonomous and of the authorities and
Create the National Data Protection Registry
courts before which administrative processes are followed.
Personal as an administrative record
The right to petition is regulated as established
in charge of the National Protection Authority of
in its specific regulations. "

