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Habeas Data is gaining momentum and moving northwards.

There are projects to incorporate the new right in Guatemala, Uruguay, Venezuela and Costa Rica[13], and several important writers and political groups support the implementation of the figure both in Panama[14] and in Mexico[15]. The literal translation from Latin of Habeas Data is 'you should have the data' and it describes its nature very accurately.

The purpose of the convention is to secure the privacy of the individual regarding the automated processing of personal data.

To achieve this, several rights are given to the individual, including a right to access their personal data held in an automated database[11].

These new regimes had to start from scratch in most cases, and that is why so many new Constitutions were created in this period.

In particular, certain German constitutional rights can be identified as the direct progenitors of the Habeas Data right.This paper was first presented in the 16th Annual Conference of the British and Irish Legal Education and Technology Association (BILETA) in April 2001[2], my thanks to the attendants for their input, which helped in revising the present work.The paper has many sections that are similar to the original, with the intention of making the update a stand-alone document.A shorter two-part version of the paper appeared in the World Data Protection Report[3]. Introduction The European Union has been enacting serious Data Protection legislation by the means of a Data Protection Directive[4] that poses a burden on member states to put in place laws that comply with its provisions.Among those provisions there is a prohibition to the member states to transfer data to countries with no adequate Data Protection legislation in place.

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