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Honduras Telemarketing Data: Understanding Constitutional Rights and the Path Towards Formal Data Protection

Posted: Tue May 20, 2025 6:50 am
by jarinislamfatema
Obtaining a direct list of Honduras mobile phone numbers for telemarketing purposes is a complex issue due to the evolving legal landscape surrounding data protection and telecommunications in the country. While specific comprehensive legislation dedicated to telemarketing data is still developing, the Constitution of Honduras guarantees the right to access personal information and to prevent its harmful disclosure, which has implications for how personal data, including phone numbers, can be used for marketing.

Key Considerations for Telemarketing Data in Honduras:

Constitutional Right to Habeas Data: Article 182 of the honduras mobile phone number list National Constitution of Honduras provides a degree of data privacy by granting individuals the right to access and rectify information held about them in both public and private records. This also serves as a means to prevent the transmission or disclosure of data that could harm their honor or family privacy. This constitutional right underscores the importance of respecting the privacy of personal information, including phone numbers.
Lack of Specific Telemarketing Legislation: Currently, as of May 2025, Honduras does not have a specific law that comprehensively regulates telemarketing practices and the use of mobile phone numbers for this purpose. This absence means that businesses need to be particularly cautious and adhere to general principles of data protection and respect for privacy.
Developing Data Protection Framework: While a dedicated data protection law is still under discussion in the Honduran Congress (a draft law was considered in 2018 but has since stalled), existing legislation like the Law for Transparency and for Access to Public Information (Decree 170-2006) contains provisions related to personal data. It prohibits the transmission of personal information that could cause discrimination or moral/economic damage. Rulings related to this law also emphasize the need for data subject consent before third parties use personal confidential information.
Emphasis on Consent: Although a comprehensive data protection law is pending, the general direction and existing legal interpretations suggest that obtaining consent before using personal data for marketing purposes is a crucial principle to follow in Honduras. This aligns with international best practices and the principles enshrined in the Constitution.
Direct Marketing via Mobile Telephony: It's noted that direct marketing through mobile telephony, such as SMS advertising, is becoming more common in Honduras. However, the legal framework surrounding the acquisition and use of phone numbers for this purpose remains less defined than in regions with specific data protection laws like the EU's GDPR.
National Opt-Out Register: As of May 2025, there is no publicly known national "do-not-call" registry in Honduras for mobile phone numbers. This further emphasizes the importance of obtaining consent directly from individuals if engaging in telemarketing.
Telecommunications User Rights: A "Law for the Protection of Telecommunications Users" has been discussed, which could potentially impact how user data, including phone numbers, is handled by telecommunication companies. Concerns have been raised about its potential impact on user privacy, so the final form and implementation of such a law could introduce further regulations relevant to telemarketing.
Virtual Phone Numbers and Local Presence: Businesses looking to engage with the Honduran market might consider using virtual Honduran phone numbers to establish a local presence. However, obtaining these numbers does not provide access to marketing contact lists, and any outreach using these numbers would still need to comply with the prevailing principles of data privacy and consent.