Habeas data in Nicaragua and the relationship between administrative and constitutional protection'0

Abstract

Personal information requires procedures that enable individuals to understand its processing, correct irregularities and obtain enforceable remedies. This article examines the relationship between administrative personal data protection proceedings and the constitutional habeas data remedy in Nicaragua. It derives from the author’s master’s thesis and adopts a temporal cutoff of November 15, 2024. The study uses a qualitative documentary legal approach with a descriptive and analytical scope. It applies textual and systematic interpretation to the Constitution, the laws on access to public information, personal data protection and constitutional justice, and the personal data protection regulation. The analysis distinguishes public information disclosure, control over one’s personal data and constitutional redress. It also clarifies the relationship between exhaustion of administrative remedies, urgency, interim protection, confidentiality and enforcement. The study concludes that a coherent system requires connecting these safeguards while preserving their different purposes. Its findings concern the normative framework rather than practical effectiveness, since the research does not include a sample of case files or individually identified judicial decisions.