On July 27, Peru’s executive branch adopted a legislative decree (DL 1182) that allows warrantless access to Peruvians' location data, in cases of flagrante delicto. The decree has been dubbed "Ley Acosadora," or in English, "the Stalker Law," because of the way it creates a new power for the government to track the movements of vulnerable mobile and Internet users. The law requires telephone operators and Internet service providers to retain, for three years, data of millions of Peruvians who communicate via fixed, mobile, and/or computers. The retained data is accessible by law enforcement agencies with a court order at anytime in the future. This decree was adopted without public consultation, one day before Peru’s independence day, and may take effect by September according to statements made by the Peruvian deputy minister of justice.
However, the Peruvian Congressional Committee on Constitution and Regulations is set to review the decree adopted by the Executive branch in the coming weeks. During the review, the committee will decide to repeal, reform or agree to the decree. Regardless of the decision, the committee opinion will pass through Congress in plenary sitting; if there are any changes, they will be voted on and adopted or rejected.
The data retention requirements of this decree alone would drastically change how state surveillance of communications are conducted in Peru. Instead of retaining data from suspected individuals, the law will reverse the presumption of innocence and oblige operators to retain communications data of an entire population, including those who are not suspected of any crime.
Together with our partners, Hiperderecho.org, we’ve launched an online campaign to tell members of the Congressional Committee in Peru to protect our privacy and security in the digital age. Government-mandated data retention impacts millions of ordinary users. It compromises online anonymity, which is crucial for whistle-blowers, investigators, journalists, and those engaging in political speech. National data retention laws are invasive, costly, and damaging to the right to privacy and free expression. (To learn more about the danger of the bill read here, here and here)
Take Action: The Stalker Law Affects Our Privacy and Creates Insecurity
If you are Peruvian, you need to make your voice heard. Using EFF's action center, you can communicate via Twitter with the members of the Constitutional Commission in Peru to suggest the prompt review of DL 1182. Choose a congressman, select a tweet, and post it through your Twitter account using our Action Center. Tell your friends and family, too!
Lawmakers read your tweets, and if more Peruvians express concern about the Stalker Law, we can make a positive change to protect privacy and start a public discussion on how to effectively solve the problems of public safety. Insecurity, one of the arguments used to adopt the bill, will not be efficiently fought by violating the fundamental human rights of millions of innocent Peruvians.
Stalker Law Post on your website or on social networks
We invite you to write about the dangers of this decree. On Twitter using the hashtag #LeyStalker, on other social media, or on your blog. Spread the news by sending links to articles, such as those written by Hiperderecho. We need every Peruvian to know what's going on.
Follow Hiperderecho and EFF for updates
As DL 1182 passes through the Constitutional Committee, take action and inform our allies about the problems with this dangerous legislation. To stay up-to-date on the status of the decree, follow Hiperderecho.org on Twitter, or Facebook. We will also be covering the latest developments on #LeyStalker here at EFF.