Directorial Resolution N ° 43 -2018-JUS / DGTAIPD
Lima, July 3, 2018.
CONSIDERING:
That, Law No. 29733, Personal Data Protection Law (hereinafter,
LPDP), aims to guarantee the fundamental right to data protection
personal, foreseen in article 2, numeral 6 of the Political Constitution of Pert;
That, article 18 of the LPDP provides ‘“ I / owner of personal data has
right to be informed in a detailed, simple, express, unequivocal and clear manner
prior to its collection, on the purpose for which your personal data will be
treaties; who are or could be its recipients, the existence of the database
in which they will be stored, as well as the identity and address of the owner and, if applicable,
of the person or persons in charge of the processing of your personal data; the mandatory character
or optional of their responses to the questionnaire that is proposed, especially as regards
to sensitive data: the transfer of personal data; the consequences of
provide your personal data and your refusal to do so; ef time during which ef
your personal data is kept; and the possibility of exercising the rights that the law
ie it grants and the means provided for it.
If personal data is collected online through networks of
electronic communications, the obligations of this article can be satisfied
through the publication of privacy policies, which must be easily
accessible and identifiable.
In the event that the owner of the data bank establishes a link with a
in charge of treatment after consent, ef action of the
commissioned is under the responsibility of! Title of! Data Bank, having
establish a personalized information mechanism for the data subject
personal information about said new data controller.
If after the consent the transfer of data occurs
personal by merger, portfolio acquisition, or similar assumptions, the new owner of the
The database must establish an effective information mechanism for the holder of
ios personal data about said new treatment manager ”. (Modified text
by the third Modifying Complementary Provision of! Legislative Decree No.
1353);
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Directorial Resolution N ° 43 -2018-JUS / DGTAIPD
That, in accordance with the provisions of the aforementioned article 18 of the LPDP, the obligation
of informing falls on the owner of the personal data bank 'or responsible for the
treatment2, likewise, this information should be made available to the interested parties
at the time the data is requested, prior to collection or registration;
That the procedures for collecting personal data can be very
varied and, consequently, the ways of informing people must be adapted to
the circumstances of each of the means used to collect the data
personal such as through paper forms, telephone interview,
navigation or web forms, registration of mobile applications, among others;
That, in case, there are changes to the person in charge of treatment, or transfer
of data to a new database insert, article 18 of the LPDP provides that
must be communicated, in this sense this information can be sent to the owner of the
personal data, among others, by postal mail, electronic messaging,
pop-up notifications in services or applications;
That, being a function of the National Data Protection Authority
Personal, ensure compliance with the legislation related to the protection of
personal data, it is necessary to approve an informative clause model, which allows
guide public and private entities, as well as natural persons who
perform data processing, about the best practices to comply with
the obligation to inform the owners of the data about the circumstances and
conditions of the processing of your personal data that they carry out, as well as the
rights that assist them.
For the above considerations and in accordance with the provisions of the Law
N * 29733, Personal Data Protection Law, and its regulations approved by the
Supreme Decree N * ® 003-2013-JUS;

? Law No. 29733, Personal Data Protection Law:
Article 2, Definitions
For all purposes of this Law, it is understood by:
(...)
17. Holder of the personal data bank. Natural person, legal person of private law or entity
publishes that determines the purpose and content of the personal data bank, the treatment of these and the
security measures.
2 Regulation of Law No. 29733, Personal Data Protection Law, approved by Decree
Supreme N ° 003-2013-JUS:
Article 2.- Definitions.
For the purposes of the application of this regulation, without prejudice to the definitions contained in ja
Act, in addition, the following definitions are understood:
(..-)
14. Responsible for the treatment: It is the one who decides on the treatment of personal data, even when
I do not know they are in a personal data bank.
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Directorial Resolution N ° 43 -2018-JUS / DGTAIPD
RESOLVED:
Article 1.- Approve the informative clause model on the circumstances
and conditions of the processing of personal data required by article 18 of the Law
N ° 29733, Personal Data Protection Law.
Article 2.- Publish on the website of the Ministry of Justice and Rights
Human the aforementioned clause.
Register, communicate and publish.
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Transparency, Access to Public Information
A ic
Protection of Personal Data "and
Ministry of Justice and Dereshas Humane
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