Are there restrictions on sharing phone number lists in El Salvador?

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Yes, there are significant restrictions on sharing phone number lists in El Salvador, especially following the recent enactment of its Personal Data Protection Law (Ley de Protección de Datos Personales) and the Cybersecurity and Information Security Law, both of which came into effect on November 23, 2024. These laws introduce a comprehensive framework for data protection, aligning El Salvador more closely with international standards like GDPR.

Here's a breakdown of the restrictions and key principles:

1. Consent is Paramount
The most crucial aspect of El el-salvador phone number list Salvador's new data protection law is the requirement for explicit and informed consent from individuals before their personal data, including phone numbers, can be collected, processed, used, or shared. This means:

Free, Specific, Informed, Express, and Individualized Consent: Consent must be freely given, specific to the purpose, based on clear information provided to the individual, expressly stated (e.g., through a clear affirmative action), and unique to that individual.
Written Consent for Sensitive Data: While phone numbers are generally considered personal data, if they are linked to sensitive information (e.g., health, political affiliations, religious beliefs), written consent (or its equivalent) is required.
No Conditional Consent: Individuals cannot be forced to give consent to data sharing as a condition for purchasing products or contracting services, unless such sharing is strictly necessary for the provision of that product or service.
2. Purpose Limitation
Any collection or processing of personal data, including phone numbers, must be for specific, legitimate, and previously informed purposes. You cannot collect a phone number for one purpose and then share it for an unrelated purpose without obtaining new consent. This principle prevents the indiscriminate sharing and repurposing of data.

3. Data Minimization
Organizations are obligated to collect only the data that is strictly necessary for the established purpose. This means you should not collect or retain phone numbers if they are not essential for your stated purpose.

4. Data Subject Rights (ARCO-POL Rights)
The law grants individuals significant rights over their personal data, often referred to as ARCO-POL rights:

Access: The right to know what personal data is being processed.
Rectification: The right to correct inaccurate or incomplete data.
Cancellation/Erasure: The right to request the removal of personal data.
Opposition: The right to object to the processing of their data for certain purposes (e.g., direct marketing).
Portability: The right to receive their data in a structured, commonly used, and machine-readable format.
Oblivion (Right to Be Forgotten): The right to have information no longer necessary deleted.