Applicability of the Privacy Protection Action in the current technological context

La protección del Derecho a la Privacidad en Bolivia

Abstract

This article analyzes the legal nature, purposes, and provenance requirements of the habeas data resource regulated in the repealed Political Constitution of Bolivia and the Privacy Protection Action instituted in the current Bolivian Political Constitution. Through a review of the doctrine and jurisprudence, it is intended to demonstrate that it is necessary to redefine the limits and scope of the Privacy Protection Action, with the purpose of providing adequate protection of the rights of intimacy, privacy, honor, honor and self-image, and in this way confront the development of computing. Through a critical approach, four constitutional rulings are analyzed, which resolve precisely on the protection of the rights of intimacy, privacy, and related rights, violated through different means or technological tools. In these rulings, it can be seen how the Constitutional Court of Bolivia issues contrary criteria, which make interpretation of the nature of the Privacy Protection Action difficult, generating interpretative ambiguities.