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Cybercrime policies/strategies
Bolivia does not yet have a national strategy or policies on cybersecurity.
According to the Cyber Security Trends Report in Latin America and the Caribbean of the Organization of American States (OAS)and Symantec, there are two national authorities responsible for government action and the development of cybersecurity regime in Bolivia. The first is the Technical and Scientific Research Institute of the Police University (IITCUP) which is the institution in charge of investigating crimes committed through and against information technology and its main activities include processing and analysis of digital evidence through a division in charge of digital forensics. The second national authority is the Agency for the Development of Information Society in Bolivia (ADSIB) that functions under the supervision on the Vice-President of the Republic and the President of the National Congress. This agency is currently developing plans for the implementation of electronic government and the use of open source software aimed at solving issues related to cyber security, as well as the initiation and coordination of actions towards developing a knowledge society acrooss the country.
Cybercrime legislation
State of cybercrime legislation
Bolivia does not have a specific legislation to punish computer crimes or crime committed through the use of information technologies. The Criminal Code provides punishments for crimes committed through the use of information technologies in two articles.
Substantive law
The Criminal Code includes in two articles punishments for crimes committed through the use of information technologies. The offenses contained under the Criminal Code of Bolivia are the following:
Manipulating the processing or transfer of data causing a patrimonial transference or an illicit benefit in detriment of an individual or a third party. (Art. 363 bis Criminal Code of Bolivia)
Accessing, using modifying, removing or disabling data stored on a computer or on any informatics support causing harm to the information owner. (Art. 363 ter Criminal Code of Bolivia)
Procedural law
The Criminal Procedural Code of Bolivia does not contain express provisions that allow for collection and securing of evidence stored in information and computer systems in real- time. However, that legislation provides for a chapter on precautionary measures on property subject to seizure and forfeiture, which includes the traditional procedure of seizure of property that might be extended to the seizure and recording of data or information contained in computer systems. (Arts. 253-256)
Safeguards
The protection of human rights and safeguards contained in the legislation of Bolivia are the following:
Due process of law (Arts. 23, 24, 115 to 117, 119, 120, 121, 122 and 123 of the Constitution of Bolivia and Arts. 1, 4, 6, 9, 12 and 13 of the Code of Criminal Procedure)
Right to privacy, honor, self-image and dignity. (Art. 21 paragraph 2 Constitution of Bolivia)
Right to freedom of expression. (Art. 21 paragraph 5 Constitution of Bolivia)
Right of access to information. (Art. 21 paragraph 6 Constitution of Bolivia)
Right to inviolability of the home and secrecy of communications. (Art. 25 Constitution of Bolivia)
Rights of persons deprived of their freedom. (Arts. 73 and 74 Constitution of Bolivia)
Right to communication and information. (Arts. 106 and 107 Constitution of Bolivia)
Right of action to protect privacy. (Arts. 130 and 131 Constitution of Bolivia)
Related laws and regulations
The following laws contain provisions related to the investigation and prosecution of crimes committed through the use of computer systems and information technologies, as previously mentioned in the sections on substantive and procedural law:
Specialised institutions
The Computer Security and Incident Response Team of Bolivia (CSIRT-BO) is a recently established government agency, the purpose of which is to prevent, trace and manage security incidents generated in the information systems of the National Public Administration and the government authorities of that country. The activities of the CSIRT-BO include advicing, supporting and providing training on information security to entities responsible for managing information and communication technologies in Bolivia and to serve as a national point of contact in the management of computer security incidents.
International cooperation
Jurisprudence/case law
The Supreme Court of Justice of Bolivia has issued judgements and jurisprudence related to child pornography and interception of private communications. The national judgements and jurisprudence can be consulted in the website of Bolivia’s Supreme Court of Justice.
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.