Privacy rights in Guatemala

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Privacy rights in Guatemala are guaranteed by the constitution from 1985 with a revision in 1993.

Right to Privacy in Guatemala

ARTICLE 23 INVIOLABILITY OF THE HOME

The home [vivienda] is inviolable. No one may penetrate the dwelling of someone else without the permission of the resident who inhabits it, except by the written order of a competent judge in which the reason for the diligence is specified and never before six or after eighteen hours. Such diligence will always be carried out in the presence of the interested party, or his [or her] representative [mandatario].

ARTICLE 24 INVIOLABILITY OF CORRESPONDENCE, DOCUMENTS, AND BOOKS

The correspondence of any person, his [or her] documents, and books are inviolable. They may only be inspected or seized, by virtue of a firm resolution dictated by a competent judge and with the legal formalities. The secrecy of correspondence and telephone, radio, and cablegram communications and of other products of the modern technology is guaranteed.

The books, documents and archives related with the payment of taxes, rates, charges [arbitrios], and contributions, may be revised by the competent authority in accordance with the law. It is punishable to disclose the amount of taxes paid, [the] earnings, losses, expenses, and any other data referring to the revised accounts of individual or juridical persons, with the exception of general balances, of which publication is ordered by the law.

The documents or [the] information obtained in violation of this Article neither produce faith nor may be used as evidence in trial.