The National Authority for Transparency and Access to Information (ANTAI) confirmed that a person’s national ID photo qualifies as sensitive biometric data. Buildings that photograph identification cards at security checkpoints must offer an alternative entry method, such as a manual logbook, officials said.

ANTAI Enforcement Actions Against Property Managers

Three of the six published sanction resolutions issued by ANTAI target horizontal properties, with fines between $1,000 and $4,000. The largest penalty went to P.H. Design Center in 2022, which received a $4,000 fine for using a tablet to photograph visitors’ ID cards at the access control point without consent and then forwarding those images via WhatsApp.

In 2026, ANTAI imposed a $7,000 fine on a condominium board for publishing confidential information, according to reports. That resolution does not appear in the public registry, which only extends through 2022. None of the published sanctions specifically address fingerprint or facial recognition systems yet, but the legal framework now clearly covers those technologies.

Consent Requirements for Biometric Building Access Systems

Before installing fingerprint readers or facial recognition cameras, building administrators must secure written authorization that is explicit, informed, and unambiguous from every individual affected. The January 2025 ANTAI communication requires property managers to explain the purpose of data collection and specify retention periods.

Systems that register minors require prior approval from parents or legal guardians. Violations involving children’s data carry aggravated penalties. The regulation also mandates collecting only the minimum data necessary for the stated purpose. While private sector entities are not required to appoint a data protection officer, ANTAI considers that factor when calculating fine amounts.

ANTAI Director Sheyla Castillo de Arias addressed the issue directly in August, stating that “people’s faces have to be authorized” before any biometric system can operate [Translated from Spanish].

Legal Framework and Property Board Liability

Panama’s current horizontal property law, Law 284 of 2022, contains no provisions governing biometric technology. The applicable rules derive entirely from Law 81 of 2019, its implementing regulation under Executive Decree 285 of 2021, and ANTAI’s binding criteria established in Opinion 02-2022.

Law 81 classifies failure to comply with sensitive data rules as a very serious offense. Beyond monetary penalties, authorities may order the closure of database records or suspend data processing activities entirely. Board members who approve biometric installations without proper consent assume direct legal responsibility for these violations.

The regulatory landscape continues to evolve as more Panamanian buildings explore replacing traditional key cards and access codes with biometric alternatives. Property administrators evaluating these upgrades must now weigh convenience against strict compliance obligations that carry substantial financial and operational consequences.