The Law To Know

← All terms

Habeas data

From Latin American law

Constitutional and public law

What it means

A constitutional remedy that lets a person see the personal information a public or private body holds about them, and ask for it to be corrected or deleted.

Why it travels badly

The name echoes habeas corpus, but the right is about information, not the body. In Europe and the US, similar rights are found in data-protection and privacy legislation, not in a constitutional remedy.

How other systems say it

Argentina

habeas data (Article 43 of the Constitution)

Added in 1994. A person may sue to learn what data is kept about them and have false data corrected.

Brazil

habeas data (Article 5, LXXII)

A constitutional action to obtain and correct information held in public records.

European Union

right of access and rectification (GDPR Articles 15 and 16)

A right under data-protection law, enforced through the regulator and the courts.

United States

Privacy Act of 1974

Gives individuals the right to see and correct records that federal agencies hold about them.

Tip for translators and students

Do not translate 'habeas data' literally. Say 'a right to access and correct one's personal data'.

Related: Amparo, Tutela

Updated October 2026. Spotted a mistake? Tell us.

TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.