Mapping Laws on Government Access to Peoples' Data: Peru
Political Constitution of Peru
Right to the secrecy of communications
“Article 2.10. to secrecy and inviolability of private communications and documents. Communications, telecommunications or any private correspondence may only be opened, seized, intercepted or confiscated with warrant issued by a judge and with all guarantees provided for by law. Any matter unrelated with the fact under examination shall be kept secret. Private documents obtained in violation of this provision have no legal effect. Books, receipts and accounting and administrative documents are subject to inspections or audit by relevant authority in accordance with the law. Any action taken in this respect may not include removal or seizure, except by warrant.
Telecommunications’ sector regulation
Ministry of Transportation and Communication Directive Nº 002-96-MTC/15.17
The regulation establishes a procedure to inspect and supervise due compliance with the right to the secrecy of communications by companies within the telecommunications sector. Telecommunications companies must inform annually to the Ministry of Transportation and Communication and OSIPTEL (telecommunications’ regulator), with full detail, the measures and procedures established in order to safeguard and Project the secrecy of communications and users’ personal data. The deadline for submitting the above-mentioned report is February 15th.
Data Protection regulation
The Data Protection Act (Law Nº 29733) establishes in its article 13.4:
“Communications, telecommunications or any private correspondence may only be opened, seized, intercepted or confiscated with warrant issued by a judge and with all guarantees provided for by law. Any matter unrelated with the fact under examination shall be kept secret. Personal data obtained infringing this article lack legal validity”.
Criminal Code (Legislative Decree No. 635) Title V of Book Two of the Penal Code, Chapter XI,
Article 207-A. Any individual who inappropriately enters or uses a database, computer system or network, or any part thereof, to design, execute or alter a scheme or similar item or to interfere, intercept, access or copy information in transit or contained in a database will be punished by imprisonment not to exceed two years or the provision of between fifty-two and one hundred-four days of community service.
If the agent acts with the purpose of obtaining an economic benefit he or she will be punished by imprisonment not to exceed three years or the provision of community service in an amount no less than one hundred four days.
Article 207-B. Any individual who improperly uses, access, interferes a database, system, network or computer program or any part of it with the intention to alter, damage or destroy it will be punished by imprisonment of no less than three not more than five years and a fine of between sixty and ninety days.
Article 207-C. In the cases of Articles 207-A and 207-B the imprisonment charge will not be less than five or more than seven years when:
o The agent access a database, system or computer network, using privileged information due to his or her position.
o The agent places in risk national security.
Criminal Code, child pornography
o Article 183-A.- Child pornography. Any individual that possesses, manufactures, distributes, exhibits, offers, markets or publishes, imports or exports by any means included the Internet, objects, books, written Works, visual or sound images or organizes public and live shows of pornographic content using persons of fourteen and less than eighteen years old will be punished by imprisonment no less than four and not more than six years and a fine of between twenty and three hundred sixty five days.
o When the minor is less than fourteen years old punishment will be not less than six and not more than eight years plus fine days between one hundred and fifty and three hundred and sixty five.
General Tourism Act
o Article 181-A. Sexual commercial exploitation of teenagers and minors in the tourism industry. Any individual that promotes, markets, favors or eases sexual exploitation in the tourism industry, through written, printed, visual, sound, electronic, magnetic means or through the Internet, with the intention to offer commercial sex to persons of fourteen and under eighteen years old will be punished with imprisonment of not less than four and no more than eight years.