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Is Using a Phone Number List Legal in El Salvador?

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In El Salvador, the use of phone number lists for marketing or other purposes is subject to legal regulations aimed at protecting individuals’ privacy and personal data. Understanding these laws is crucial for businesses and organizations to ensure compliance and avoid potential legal issues.

Legal Framework Governing Personal Data Use

El Salvador’s legal framework for data protection is primarily established by the Law for the Protection of Personal el-salvador phone number list Data (Decree No. 144), enacted in November 2024. This law regulates the collection, processing, and storage of personal data, including phone numbers, by both public and private entities.

Key Provisions of the Data Protection Law

Consent Requirement: The law mandates that personal data, such as phone numbers, can only be processed with the explicit, informed, and unequivocal consent of the individual. This means businesses must what makes influencer-generated content authentic? obtain prior consent before using phone numbers for marketing or other purposes.

Data Subject Rights (ARCO-POL): Individuals have the right to access, rectify, cancel, oppose, port, and limit the processing of their personal data. These rights empower individuals to control how their phone numbers and other personal information are used.

Data Protection Officer (DPO): Entities processing personal data are required to appoint a Data Protection Officer responsible for ensuring compliance with data protection regulations and addressing individuals’ rights related to their personal data.

Conditions for Legally Using Phone Number Lists

To legally use a phone number list in El Salvador, businesses must adhere to the following conditions:

1. Obtain Explicit Consent
Before using a phone number list, businesses must obtain explicit consent from individuals. This consent should be australia email list informed, specific, and recorded, ensuring that individuals are aware of how their phone numbers will be used.

2. Provide Clear Privacy Notices

Businesses must inform individuals about the purposes for which their phone numbers will be used. This includes detailing how the data will be processed, stored, and shared, ensuring transparency and accountability.

3. Implement Data Protection Measures

Entities must implement appropriate technical and organizational measures to protect the phone numbers and other personal data from unauthorized access, alteration, or loss.

4. Respect Individuals’ Rights

Individuals have the right to access their personal data, request corrections, and object to its processing. Businesses must respect these rights and provide mechanisms for individuals to exercise them.

Potential Consequences of Non-Compliance
Failure to comply with El Salvador’s data protection laws can result in significant penalties, including fines and reputational damage. The State Cybersecurity Agency is responsible for overseeing compliance and can impose sanctions for violations.

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