Habeas data it's the process that gives citizens full access to existing information about themselves in databases of public and government institutions.
THE habeas data it is considered a constitutional action, a right guaranteed to all citizens, free of charge, with a preventive and corrective purpose.
As a preventive measure, the habeas data acts as a constitutional guarantee to prevent the misuse of people's information, which has been acquired fraudulently or unlawfully.
It also guarantees the preservation of intimacy, privacy, honor and the possibility of correcting inappropriate information about the requesting individual with the institution that holds their records.
For example, an individual who improperly has his or her name on the Credit Protection Service's list of debtors can file habeas date against that institution so that the name no longer appears in that record.
To file a lawsuit habeas data, according to the provisions of the law, the participation of a lawyer by the applicant is required.
Habeas law data
O Habeas Data has its legal basis in article 5 of the Federal Constitution and Law 9,507, of November 12, 1997.
The law states that it aims to "ensure knowledge of information relating to the person of the petitioner, contained in the records or database of entities governmental or public character" and also "rectification of data, when it is not preferred to do so by confidential process, judicial or administrative”.
Habeas data and Habeas corpus
both the habeas corpus like the habeas data they are both legal provisions provided for in the Federal Constitution and with the objective of protecting the citizen.
O habeas corpus, which translated from Latin to Portuguese means “may you have your body”, is a legal measure to protect individuals who are having their freedom infringed.
Learn more about the meaning of habeas corpus.