Material Applicability

Peru's Law No. 29733 on the Protection of Personal Data includes two material applicability factors: the National Security and Law Enforcement Exemption, and the Government and Public Agency Exemption.

Relevant Legal Provisions

Law No. 29733 Article 3:

"This Act applies to personal data contained or intended to be contained in public administration and private administration personal data banks, the processing of which is carried out in the national territory. Sensitive data are subject to special protection. The provisions of this Act do not apply to the following personal data: [...] To those contained or intended to be contained in public administration data banks, only to the extent that their processing is necessary for the strict fulfilment of the competences assigned by law to the respective public entities, for national defence, public security, and for the development of activities in criminal matters for the investigation and repression of crime."

National Security and Law Enforcement Exemption

The law establishes specific exemptions for data processing related to:

• National defense
• Public security
• Criminal matters
• Crime investigation and repression

This exemption applies only when the processing is strictly necessary for fulfilling legally assigned competences of public entities. The limitation to "strict fulfilment" indicates that the exemption must be interpreted narrowly and public entities must justify the necessity of their processing activities.

Government and Public Agency Exemption

The law provides a specific exemption for public administration data banks, but this exemption is not absolute. It applies only when:

• The data is contained in public administration data banks
• The processing is necessary for fulfilling legal competences
• The activities fall within the specified domains (national defense, public security, criminal matters)

Territorial Applicability

The law applies to data processing carried out within the national territory of Peru, covering both public and private administration personal data banks.