Big debate in Peru over Data Retention Regulation

On July 27 2015 the Peruvian Government issue the legislative decree n. 1182 creating a series of duties to telecoms and internet providers. The decree:

– grants the police warrantless access to real time user location data on a 24/7 basis,

– compels telecom providers to retain, for one year, data on who communicates with whom, for how long, and from where,

– allows the authorities access to the data in real time and online after seven days of the delivery of the court order,

– compels telecom providers to continue to retain the data for 24 more months in electronic storage.

– the decree expressly states that location data is excluded from the privacy of communication guaranteed by the Peruvian Constitution (while it is clear that geolocation data is personal data ser W29 opinion here).

From the point of view of public policy the Peruvian regulation goes against the trend on invalidating data retention regulations (Digital Rights Ireland last year ECJ decision, Halabi case in Argentina).

More information here:

Lamula.pe

Larepublica.pe

Hiperderecho

EFF post by K. Rodriguez

Decree 1182

Landmark decision in a case discussing the liability of social network in Brazil

Last month, the Superior Tribunal de Justiça (STJ), the highest appellate court in Brazil for non-constitutional questions of federal law, awarded a landmark decision in a case discussing the liability of the social networking site Orkut for copyright infringing user-generated content on its site. The Court ruled that content providers cannot be held liable for copyright violations committed by third parties if they do not profit from copyright infringement on the part of its users. The Court also ruled that Orkut could not be held responsible for links that users post to external pages containing copyright infringing material.

Google Wages Free-Speech Fight in Mexico

The WSJ published on May 27 a complete article about the RTBF in Mexico.

The article below:

MEXICO CITY—Free-speech advocates are challenging a ruling against Google Mexico that they say would allow politicians and business moguls to abuse the so-called right to be forgotten by wiping out Internet links that cast them in a negative light.

The Google Inc. unit and local digital-rights activists are fighting in court to overturn a recent ruling by Mexico’s Federal Institute for the Access to Information, or IFAI. In late January, the institute came down on the side of a transportation scion who wants three links removed that contain negative comments about his family’s business dealings—including a government bailout of bad loans.

The ruling follows a precedent set in Europe one year ago known as “the right to be forgotten.” Proponents say the European model allows people to regain their privacy in a hyperconnected world, while critics say it encourages a whitewash of the past.

Both the European Union and Mexico have exceptions to Internet privacy rules if the information is in the public interest. The IFAI, however, didn’t apply the exception, arguing that Google didn’t make its case.

The brouhaha in Mexico shows the global spread of the Internet-privacy debate. A newCalifornia law gives minors limited rights to erase postings on Internet sites, and Hong Kong is embroiled in a tug-of-war between the right to be forgotten and its corollary “the right to know.” In Latin America, other countries that have passed or are considering digital-privacy laws include Brazil, Chile and Argentina.

 

Read more here….