ARCO Rights
1. What are Personal Data?
Personal data refers to any information that enables the direct or indirect identification of an individual.
Examples: First and last names, national identity number, passport number, RUC number, social security number, date of birth, residential address, email address, telephone number, vehicle license plate number, fingerprint, DNA, personal photograph or image, among others.
2. Fundamental Right to the Protection of Personal Data
The protection of personal data is a fundamental right that entitles every individual to control the personal information they share with third parties and to ensure that such information is processed lawfully, appropriately, and without causing harm.
3. Peruvian Legislation on Personal Data Protection.
Article 2, paragraph 6, of the Political Constitution of Peru recognizes the right of every individual to ensure that public or private, computerized or non-computerized information services do not disclose information that may affect their personal or family privacy.
This constitutional right is developed through Law No. 29733, the Personal Data Protection Law (LPDP), and its current regulations. The purpose of this legal framework is to guarantee the rights of data subjects to protect their personal data; to be informed of when and why their personal data are processed; to know the content and purpose of such processing; to request the rectification of inaccurate data; and to request the cancellation of or objection to the processing of their personal data.
The Personal Data Protection Law establishes the rules, requirements, and obligations that must be complied with by personal data controllers in order to ensure secure and lawful processing.
4. Personal Data Bank Controller.
A personal data bank controller is any natural or legal person, or public entity, that processes personal data and is therefore legally required to register the personal data bank with the National Authority for the Protection of Personal Data (APDP), an entity under the Ministry of Justice and Human Rights of Peru.
5. Processing of Personal Data
Personal data processing refers to any technical procedure, whether automated or non-automated, that involves the collection, storage, retention, consultation, disclosure, organization, recording, deletion, transfer, access, correlation, or interconnection of personal data.
Processing begins with the collection of personal data by the data bank controller and must comply with the following fundamental obligations:
- To inform the data subject of the purpose of data collection, the personal data bank in which the data will be stored, the identity and address of the data bank controller, and the details of any transfers of personal data.
- To obtain the data subject’s consent, which must be freely given, prior, express, unequivocal, and informed.
Data subjects may revoke or withdraw their consent for the processing of their personal data at any time through the exercise of their ARCO rights.
6. ARCO Rights
ARCO rights enable data subjects to exercise control over their personal data and to require that such data be processed in accordance with applicable law.
The ARCO rights are defined as follows:
A: ACCESS.
The right to obtain confirmation as to whether personal data concerning the data subject are being processed, and to access such data, including:
- The manner in which the data were collected.
- The purpose of the data collection.
- The party at whose request the data were collected.
- Any personal data transfers carried out or intended.
R: RECTIFICATION (UPDATING, INCLUSION)
The right to request the correction or updating of personal data when such data are inaccurate, incomplete, or misleading.
C: CANCELLATION / DELETION.
The right to request the deletion or cancellation of personal data when such data are no longer necessary or relevant for the purpose for which they were collected, when the legally established retention period has expired, or when the data are not being processed in accordance with applicable law and regulations.
O: OPPOSITION.
The right to object, on legitimate and well-founded grounds relating to a particular personal situation, to the inclusion of personal data in a data bank or to the processing of such data, unless otherwise provided by law.
7. Procedure to Exercise ARCO Rights.
To exercise ARCO rights, data subjects must download and complete the form made available for this purpose at the link provided below.
<< ARCO Rights Request Form (LPDP.TEA.For.001).>>
Once completed, the form must be submitted together with the documentation required by law, either by delivering a copy to TEXTIL EL AMAZONAS S.A. BIC, located at Jr. Monsefú 681-601, Cercado de Lima, Lima – Peru, or by sending it via email to lpdp@textilamazonas.com
In compliance with its legal obligations under the Personal Data Protection Law, TEXTIL EL AMAZONAS S.A. BIC will issue a formal response.