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    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Party Declarations and reservations : N/A See legal profile

Cybercrime policies/strategies

Paraguay has a substantive legal framework on cybercrime and electronic evidence, which is compliant with the Budapest Convention, including the dispositions related to the sexual violence against children online and child pornography.

Paraguay developed its National Cybersecurity Plan of 2016, a document consisting of seven pillars where 20 objectives and 60 lines of action are defined. The National Cybersecurity Commission is divided into seven Specialized Subcommittees in accordance with the seven pillars defined in the National Cybersecurity.

The National Cybersecurity Plan of 2016 contains an Action Plan that defines the lines of action for the fulfillment of long-term goals and it contains a clause for update and review every 3 years, both for the National Cybersecurity Plan of 2016and the Action Plan or when it may be necessary, in accordance with the proposed revision of the National Cybersecurity Coordinator and the approval of the National Cybersecurity Commission.

The Cyber ​​Incident Response Center (CERT-PY) of the government of Paraguay operates under the General Directorate of Cybersecurity of the Ministry of Information and Communication Technologies and it was created by Decree No. 11,624 / 13 of August 12, 2013.

Legislation on Protection of Personal Data: Paraguay does not have comprehensive legislation on the protection of personal data. Neither does it have an independent regulatory body in charge of data protection for the public and private sectors. Article 69 of the Constitution recognizes the right to inviolability and secrecy of communications as fundamental rights.

The National Cybersecurity Plan emphasises the respect for privacy as well.

Recently, a considerable advance was made with the presentation to the National Congress of a Draft Law "On Protection of Personal Data"; the bill is not yet approved, but it has a preliminary approval.

Specialised institutions

There are two entities responsible for countering cybercrime and fostering cyber security nationwide. On the one hand, the Computer and Emergency Response Team (CERTpy) which operates under the umbrella of the Information and Communication Technology Ministry  (MITIC), which is the official national appointed authority on cyber security and the Specialized Cyber Crime Unit of the Public Prosecutor's Office, which is the authority in charge of the investigation and judicial prosecution of cyber crime nationwide.

The Computer and Emergency Response Team (CERTpy) aims to: (i) serve as a reliable point of contact; (ii) develop an infrastructure to coordinate the response to computer security incidents within the Paraguay; (iii) conduct incident analysis, vulnerabilities and measures to disseminate information on reported vulnerabilities and appropriate response strategies and share relevant knowledge and mitigation strategies with coverage areas, partners, stakeholders and other trusted partners; (iv) assist organizations and institutions to develop their own incident management capabilities (e.g., provide guidelines and information for planning and implementing teams, build relationships and foster discussions among government agencies, public and private companies and academic organizations, and the creation of baselines and reference methods or evaluating the capabilities of such teams, among others.

Training Centre of the Public Prosecutor's Office, which is part of IBERRED, is the officially recognized institution for training prosecutors. It is providing trainings in "Computer Crimes", ‘Extraction of Data from Mobile Phones’, seminars on computer crimes and workshops on digital signatures, data messages and electronic files addressed to officials. The Centre has offered a course on “Digital Forensic Analysis and Cybercrime Investigation” during June and July 2019. The Judicial Branch has a Judicial Training Centre, but there is a lack of training for judges and magistrates in this area. The lack of curricula and subjects related to computer crimes and digital evidence in national law schools is another area to be addressed.

Jurisprudence/case law

The Supreme Court of Justice of Paraguay has issued judgments and case law related to child pornography and the interception of private communications. The national judgments and case law can be consulted directly in the website of the Supreme Court of Justice of Paraguay.

Sources and links

Computer and Emergency Response Team (CERTpy) (Equipo de Respuesta a Emergencias Cibernéticas (CERTpy)

Judicial Power of the Republic of Paraguay (Poder Judicial de la República de Paraguay)

Public Prosecutor Office (Ministerio Público de la República de Paraguay)

Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores de Paraguay)

National Police (Policía Nacional de Paraguay)

Supreme Court of Justice (Corte Suprema de Justicia de Paraguay)

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These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 


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