Proceedings of the 9th International Academic Conference, Istanbul

HABEAS DATA: NEW JUDICIAL GUARANTEE IN PUBLIC LAW OF LATIN AMERICA

ANA DHAMO, IRIS DHAMO

Abstract:

In this conference we want to make our contribution in the theme " Habeas data: new judicial guarantee in public law of Latin America ", concept of habeas data, origin and evolution, regulatory developments of the right-guarantee habeas data in the Latin America, experience of Colombia, Brasil, Venezuela and Costa Rica, legal interests protected, active and passive subjects. The first theme that we want to discuss is related to the basic concept of habeas data, its origin and regulatory development, the regulatory and judicial development in the Latin America Continent. In second place we have analized some tipical realities of Latin America, so that we can observe, through the constitutional paper, the respect and the rules for the application of this right- guarantee of third generation. The third theme in which was focused our study is related to the analysis of active and passive subjects, legitimate in the application of the right-guarantee of habeas data, the legal interest protected, legal and procedural aspects of this right-guarantee. Analitic study related to the guarantee of habeas data in the founding charts of the countries included in this study; Fields of application, legitimate of application and procedural aspects related; Comparative analysis of reality. Raise awareness of the Albanian legislator to build and include, at constitutional level, through the forms of constitutional review provided, the right-law of habeas data. Lead the albanian citizens to learn, update and rectify the informations concerning the protection of fundamental rights related whith the privacy and honour. Make the necessary constitutional revisions provided, with the purposes of including in the constitution the right-guarantee of habeas data.

Keywords: Habeas data, concept, origin, Colombia, Brasil, Venezuela, Costa Rica, Albania, active and passive subjects, public law.

PDF: Download