Data Protection Laws in Guatemala: Implications for Phone Marketing

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For businesses engaged in phone marketing in Guatemala, understanding the existing data protection landscape is crucial to ensure compliance and avoid potential legal issues. While Guatemala does not yet possess a comprehensive, overarching personal data protection law akin to Europe's GDPR, the regulatory environment is not entirely devoid of provisions governing how personal information, including phone numbers, can be collected, processed, and used.

The primary legal instrument that touches upon data guatemala phone number list protection in Guatemala is the Law on Access to Public Information (Decree 57-2008). Although primarily focused on public records and transparency, certain articles within this law extend to encompass personal data. Notably, Article 31 mandates that written consent is necessary for any type of information transfer, and it explicitly prohibits the commercialization of "sensitive data" or "sensitive personal data." While this law's direct application to private entities for commercial purposes can be nuanced, it sets a precedent for the importance of consent in data handling.


"Personal data" is defined in this law as "relative to any information pertaining to natural persons identified or identifiable," while "sensitive personal data" refers to more intimate details like physical or moral characteristics, racial origins, political opinions, and health status. For phone marketing, this implies that businesses must be cautious about the type of information they collect and how they utilize it, especially if it falls under the "sensitive" category.

Furthermore, the Constitutional Court of Guatemala has recognized data privacy as a human right, indicating that even in the absence of a specific data protection law, there are fundamental guarantees regarding the processing of personal data. This means that businesses should operate with a strong ethical consideration for privacy, even where explicit legislation is less defined.

Regarding phone marketing specifically, Guatemala has regulations that impact telemarketing activities:

Calling Hours: Telemarketers are restricted to calling between 8 AM and 8 PM local time.
Opt-Out Option: Businesses are required to provide a clear option for consumers to opt out of future calls. This necessitates maintaining internal "Do Not Call" lists and honoring consumer requests to be added to them.
National Do Not Call Registry: The Agencia Nacional de Regulación de las Telecomunicaciones (ANRT) oversees telemarketing and prohibits calls to numbers listed on the national Do Not Call Registry. Telemarketers are generally required to register with the ANRT.
These specific telemarketing rules underscore the importance of consent and respect for consumer preferences. Companies engaging in phone marketing must implement robust systems to manage consent, track opt-out requests, and regularly cleanse their calling lists against any national registries.

In the absence of a broad data protection law, the Ombudsman (Procurador de los Derechos Humanos) acts as the national data protection authority, deriving its competence from Article 46 of the Law on Access to Public Information. This indicates a degree of oversight and a potential avenue for individuals to raise concerns about data misuse.

While a comprehensive data protection law is still in the legislative process in Guatemala (with a bill for a Personal Data Protection Law having passed commission), businesses involved in phone marketing should proactively adopt best practices. This includes obtaining clear consent for marketing calls, providing easy opt-out mechanisms, respecting calling hour restrictions, and maintaining accurate "Do Not Call" lists. Adhering to these principles not only mitigates legal risks but also builds consumer trust, which is invaluable in any market.