Tilbake

Panama

Sist oppdatert : 12/02/2015

Status regarding Budapest Convention

Status : Party Ratified : 04/03/2014 Declarations and reservations : Panama was the second country in the Caribbean and Latin America to access and ratify the Budapest Convention on 5 March 2014, coming into full force in that country since 1 July 2014. During the Regional Workshop on Cybercrime Legislation in Mexico City in April 2014, the Government of the Dominican Republic, through the representative of the Deputy Prosecutor for Crimes against Intellectual Property and Information Security of the Attorney General's Office commented on the interest of that country to amend the national Criminal Code in order to legally protect the national critical infrastructures such as the Panama Canal, the airport and banking systems. He pointed out to the recommendations made by the Council of Europe not to include excessive criminal conducts within the national criminal reform, but instead approach each case based on general aspects. He also mentioned the current lack of expertise in that country in the field of international cooperation and the investigation and prosecution of cybercrime due to the recent deposit of the instrument of ratification of the Budapest Convention by the government of Panama. He also mentioned the drafting of laws and regulations related to the use and admission of digital evidence among law enforcement and judicial authorities. See legal profile

Cybercrime policies/strategies

Panama has a National Cyber security Strategy since early 2013, which is an instrument that stipulates, on the one hand, a consensus between government authorities and, on the other hand, it is used as a guide for the implementation of public policies for cyber security and the protection of critical infrastructure. It also shows a commitment of the Republic of Panama for the protection of cyberspace and the institutional collaboration at the national and international level.


The National Cyber Security Strategy of Panama contains the following pillars:
- Promote the development of telecommunications and connectivity nationwide;

- Protect the privacy and fundamental rights of citizens in cyberspace;

- Prevent and stop criminal conduct in cyberspace from any type of crime or wrongdoing;
- Strengthen the cyber security of the national critical infrastructure;
- Encourage the development of a strong national business network for cyber security that could be used as reference for the Latin-American region;

- Develop a culture of cyber security through training, innovation and adoption of standards; and

- Improve cyber security and incident response capability of public institutions.
 

Currently, the National Cyber Security Strategy is being implemented by various government national institutions and according to the Report “Cyber Security Trends in Latin America and the Caribbean Report” from Symantec and the Organization of American States (OAS), the full implementation of the national strategy in that country could take at least three years.


The government of Panama has actively participated in the various activities of the Council of Europe concerning the fight against cybercrime. Panama was the second country in the Caribbean and Latin America to ratify the access protocol of the Budapest Convention on 5 March 2014.


On the other hand, the government of Panama has also actively participated in the framework of the Inter-American Strategy to Combat Cyber security Threats of the Organization of American States (OAS). As part of the awareness activities on cyber security in that country, the government of Panama has conducted drills and exercises on cyber attacks, practical workshops on cyber security and various awareness campaigns with national institutions to inform citizens on cyber risks and to foster the use of best practices related to information security and the fight against cybercrime.


The Government of Panama -through representatives of the Public Prosecutor (Ministerio Público), the Embassy of Panama in Mexico and the Deputy Prosecutor for Crimes against Intellectual Property and Information Security of the Attorney General's Office - participated in the Regional Workshop on Cybercrime Legislation held in Mexico City from 31 March to 2 April 2 2014, where the representative of the Office of the Attorney General commented on the current challenges in that country for the adoption of legislative measures to criminalize conduct related to computer crimes. Among said challenges, are the different approaches on the implementation of the inquisitorial criminal system in the city of Panama and the application of the adversarial system in the rest of the provinces. He also made reference to the upcoming creation of a specialized investigation and prosecution unit on cybercrime; the development of draft guidelines for the recognition and management of digital evidence. He also commented on a draft bill to reform the criminal code to allow for the investigation and prosecution of computer and Internet related crime in line with the Budapest Convention.

Specialised institutions

The institution responsible for the supervision and direction of matters related to information security is the National Authority for Government Innovation (AIG) that operates under the Computer Security and Incident Response Team of Panama (CSIRC). There are two agencies responsible for the coordination and judicial investigation of cyber crime. These agencies are the Deputy Prosecutor for Crimes against Intellectual Property and Information Security of the Attorney General's Office conformed by the Public Prosecutor (Ministerio Público) and the Directorate for Judicial Investigation of the National Police. A specialized investigating unit on computer crime was recently created within the Directorate for Judicial Investigation and it is under current development. Such specialized investigating unit will provide capacity and training to conduct investigations and digital forensics activities.


The Computer Security and Incident Response Team of Panama (CSIRC) is the national entity in charge of facilitating security incident response information nationwide. Among its main objectives are fostering, preventing, identifying and resolving security incidents attacks to and against computer systems that are part of the national critical infrastructure, and provide access to information for national citizens. Its activities also include coordinating, collaborating, and proposing rules aimed at increasing the efforts to raise the levels of security related to information and communication technologies in the government sphere. The CSIRC of Panama maintains a close collaboration with other national CSIRC’s of the region and worldwide.

Jurisprudence/case law

The Supreme Court of Justice of the Republic of Panama has issued judgments and case law related to child pornography and interception of private communications. The national judgments and case law can be consulted directly in the section of National Jurisprudence of the website of the National Congress of Panama at:

http://www.asamblea.gob.pa/legispanweb

Sources and links

CSIRT-Panama http://www.innovacion.gob.pa/csirt


Judicial Branch of the Republic of Panama http://www.organojudicial.gob.pa


Supreme Court of Justice of Panama

http://www.organojudicial.gob.pa/tribunales/corte-suprema-de-justicia/


Public Prosecutor of Panama. Attorney General's Office

http://www.ministeriopublico.gob.pa/minpub/


 National Congress of Panama http://www.asamblea.gob.pa/


Ministry of Foreign Affairs of Panama http://mire.gob.pa/

Tools on Cybercrime & Electronic Evidence Empowering You!

This tool is co-funded  by the GLACY  and Cybercrime@Octopus projects