Status regarding Budapest ConventionStatus : Observer See legal profile
Paraguay has not yet adopted a national cyber security strategy or related measures to countering cybercrime. The Government of Paraguay has participated actively in the framework of the Inter-American Strategy to Combat Cybersecurity Threats of the Organization of American States (OAS). In November 2013, the OAS officially announced that it would provide advice and technical assistance to the government of Paraguay in order to develop a national cyber security strategy that will focus primarily on combating cybercrime and strengthen cyber security.
The Government of Paraguay, through the Directorate General of the Ministry of Justice and the Deputy Public Prosecutor for Cybercrime participated in the Regional Workshop on Cybercrime Legislation in Mexico City from March 31 to April 2, 2014 whereby the representative of the Public Prosecutor provided an overview on the state of criminal law to fight cybercrime and information on the recently created institutions to promote policies regarding cyber security at the national level such as the National Secretariat of Information and Communication Technologies (SENATIC).
Paraguay has a Security Emergency Response Team (CERTpy) that functions under the umbrella of SENATIC, which is the official national appointed authority on cyber security. The Specialized Cyber Crime Unit of the Public Prosecutor's Office is the authority in charge of the investigation and judicial prosecution of cyber crime nationwide.
State of cybercrime legislation
Paraguay has no independent or specific legislation to punish cybercrime. The legal framework to punish crimes committed through the use of technology and information systems is contained primarily in the Criminal Code (Law No. 1160/98) and various laws and ordinances nationwide.
During the Regional Workshop on Cybercrime Legislation in Mexico City in April 2014, the representative of the Specialized Cyber Crime Unit of the Public Prosecutor's Office stated that in the occasion of the publication of a law in 2011 that amended the national Criminal Code, new conducts were included and the sanctions and penalties related to offenses committed through computer systems and information technologies were strengthened.
The offenses related to the use of information and communication technologies that are sanctioned and punished under the Criminal Code (Law No. 1160/98) and general substantive law in Paraguay are the following:
Children and teenager pornography, including the criminalization of distribution, import, export, sale, redemption, display, dissemination, promotion and financing of the production or reproduction of content related to child pornography. (Art. 134-139 of the Criminal Code)
Infringement of the right to communication and image (Art. 144 of the Criminal Code)
Violation of the confidentiality of the word. (Art. 145 of the Criminal Code)
Violation of the secrecy of communications without consent of the owner (Art. 146 of the Criminal Code)
Revelation of a private secret (Art. 147 of the Criminal Code)
Modification or deletion of data (Art. 174 of the Criminal Code)
Computer sabotage and destruction, cancellation or alteration of a data processing facility or a storage unit or accessory parts (Art. 175 of the Criminal Code)
Fraudulent transactions using computer systems with the intention of obtaining an undue patrimonial benefit (Art. 188 of the Criminal Code)
Modification of data relevant to legal evidence (Art. 248 of the Criminal Code)
Misuse and equalization in data processing (Art. 249 of the Criminal Code)
Delete, disable, or alter data pursuant to Art. 174 section 3 with relevance to legal evidence. Destruction or damage of documents or signals (Art. 253 of the Criminal Code)
Violation of copyright and related rights (Art. 184 of the Criminal Code)
Crime related to terrorist activities against individuals (Law No. 2378/04 approving the Convention to Prevent and Sanction Terrorist Activities taking the form of crimes against individuals and related extortion when they have an international dimension)
Use of children and teenagers with sexual purposes and dissemination, sale and commercialization of material containing child pornography and exhibition of children and teenagers in sexual acts (Arts. 31 and 32 of Law 1,680 / 2001 Code of Children and Teenagers and Arts. 1-10 of Law No. 2861/2006 which represses trade and commercial and non-commercial dissemination of pornographic material using the image or any other representation of children)
Protection of children and minors from all forms of sexual exploitation and abuse (Arts. 34 and 36 of Law No. 57 of 20 September 1990 approving and ratifying the United Nations Convention on the Rights of the Child and Arts. 1, 2, 3 and 10 of Law No. 2134 of July 22, 2003 approving the optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and the use of children in pornography)
Regulation of Art. 32 of Law No. 1,680/01 Code of Children and Teenagers with the purpose to establish technical and administrative measures to prevent access to children and teenagers to any form of information or pornographic materials (Municipal Ordinance No. 259, of 16 April 2005, establishing measures to prevent access to children and teenagers to pornographic material via the Internet. Regulates Article 32 of Law No. 1680/01 and provides for penalties for those providing such services without the filter).
Registration before CODENI of establishments that offer Internet services on a commercial basis or free to the public in the city of Asuncion, of which they must have a public IP address duly provided by the ISP that provides with the Internet service (Municipal Ordinance No. 287, of 30 May 2006 amending article 3 of the Municipal Ordinance No. 259/05)
- Powers of Prosecutors and Judges to request oral or written information of any public or private entity (Art. 228 of the Code of Criminal Law No. 1286-98)
- Powers of Prosecutors to integrate the required elements of an investigation in criminal proceedings (Arts. 52-57 and 228 of the Criminal Procedure Code Act No. 1286-1298)
- Procedure for the search and seizure of persons and objects (Art. 195-196 of the Code of Criminal Procedure Law No. 1286-98)
- Interception, search and opening and examination of correspondence (Arts. 198 and 199 of the Code of Criminal Procedure Law No. 1286-98)
- Interception of communications of the accused by the Judge (Art. 200 of the Code of Criminal Procedure Law No. 1286-1298)
- Inviolability of the secrecy of correspondence conducted by telecommunications services (Arts. 89 and 90 of Law No. 642/95 of 29 December 1995 Telecommunications)
The following legislation provides for the protection of human rights and safeguards:
- Due process and the rights of the parties in criminal proceedings (Art. 16 and 17 of the Code of Criminal Law No. 1286-98 and Art. 8 of Law No. 1 of 8 August 1989 approving and ratifying the Inter-American Convention on Human Rights, "Pact of San José Costa Rica")
- Rights of the accused parties (Art. 12 National Constitution of Paraguay and Art. 75 and Arts. 84-96 of the Code of Criminal Procedure Law No. 1286-98)
- Right to personal liberty (Art. 9. National Constitution of Paraguay and Art. 7. Of Law No. 1 of 8 August 1989 approving and ratifying the Inter-American Convention on Human Rights, "Pact of San José Costa Rica" )
- Right to trial and legitimate defense (Art. 9. National Constitution of Paraguay and Arts. 97-109 of the Code of Criminal Procedure Law No. 1286-98) Procedural rights (Art. 17 Constitution of Paraguay and Art. 9 of the Code of Penal Law No. 1286-98)
- Right of equal access to justice and before the law (Art. 47. National Constitution of Paraguay)
- Habeas Corpus (Art. 133 National Constitution of Paraguay)
- Habeas Data (Art. 135 National Constitution of Paraguay)
- Right to personal and family privacy, respect for private life and dignity and image of individuals (Art. 33. National Constitution of Paraguay)
- Right to the inviolability of documentary heritage and private communications (Art. 36 of the National Constitution of Paraguay and Arts. 89 and 90 of Law No. 642/95 of 29 December 1995 on Telecommunications and Art. 9 of Decree the Executive 14135/96)
- Right to expression of personality, freedom of speech and press (Arts. 25 and 26 National Constitution of Paraguay)
Related laws and regulations
The following laws contain provisions relating to offenses committed through computer systems and the Internet, as provided in the sections on substantive and procedural law:
- Constitución de la República de Paraguay http://digesto.senado.gov.py/index.php?pagina=resultado&id=259
- Código Penal http://digesto.senado.gov.py/ups/leyes/7404.pdf
- Ley 1,680/2001 Código de la Niñez y la Adolescencia http://www.oas.org/dil/esp/Ley_de_Adopcion_Paraguay.pdf
- Ley No. 2861/2006 que reprime el comercio y la difusión comercial y no comercial de material pornográfico utilizando la imagen u otra representación de menores e incapaces http://www.snna.gov.py/archivos/documentos/ley_2861_2006_hh4dinqz.pdf
- Ley No. 57 del 20 de Septiembre de 1990 que aprueba y ratifica la Convención de las Naciones Unidas sobre los Derechos del Niño http://www.unicef.org/paraguay/spanish/py_convencion_espanol.pdf
- Ley No. 2134 del 22 de Julio de 2003 que aprueba el protocolo facultativo de la Convención de los derechos del niño relativo a la venta de niños, la prostitución infantil y la utilización de niños en la pornografía http://www.snna.gov.py/archivos/documentos/ley-2134-jul-22-2003_o0lg30wg.pdf
- Ley No. 642/95 de 29 de Diciembre de 1995 de Telecomunicaciones http://www.conatel.gov.py/files/marcoregulatorio/leytelecomu/Ley_N_642-95.pdf
- Ley No. 2378/04 que aprueba la Convención para prevenir y sancionar los actos de terrorismo configurados en delitos contra las personas y la extorsión conexa cuando estos tengan trascendencia internacional http://cambiosalberdi.com/downloads/Ley_2378_04.pdf
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 National Secretariat of Information and Communication Technologies (SENATIC), 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.
The Criminal Procedural Code of Paraguay contains a section on cooperation with foreign authorities and extradition (Arts. 146-150) where the procedure to conduct the extradition of suspects from its territory is established.
Paraguay is part of the Inter-American Convention on Extradition, of the Central American Extradition Agreement of 1924 and of the Treaty on Extradition of 1903, instruments of which mutually recognize and facilitate the criminal extradition of individuals subject to legal processes with the great majority of Latin American countries. Likewise, Paraguay has entered and ratified extradition treaties and conventions on international judicial cooperation in criminal matters with the following countries: Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Ecuador, Spain, United States, Mexico, Panama, Peru, Uruguay and Venezuela.
The official list of extradition treaties and conventions on international judicial cooperation in criminal matters that Paraguay has concluded and ratified is available on the website of the Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition at: http://www.oas.org/juridico/mla/en/pry/index.html
Competent authorities and channels
The competent authority to investigate cybercrime in Paraguay is the Public Prosecutor through the Specialized Cyber Crime Unit of the Public Prosecutor's Office with the direct assistance of the National Police or the Judicial Police. The powers and attributions of the Public Prosecutor (Ministerio Publico) are contained in Articles 266-272 of the National Constitution and Articles 52 to 57 and 315 to 326 of the Criminal Procedural Code and its respective Organic Law.
The powers, duties and attributions of the National Police in investigative functions are provided in Articles 58 to 61 of the Criminal Procedural Code and the powers and attributions of the Judicial Police -which directly assists the Public Prosecutor (Ministerio Publico)- are contained in Articles 62 to 66 of the Criminal Procedural Code.
The extradition of accused parties is conducted through the provisions of the National Constitution of Paraguay and the provisions on extradition contained in articles 146 to 150 of the Criminal Procedural Code and the corresponding extradition treaty with the country where the accused party is being processed.
The authorities and official channels to carry out an extradition in Paraguay are the Office of Attorney General, the Ministry of Foreign Affairs, the Ministry of Justice and the Supreme Court of Justice.
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 at: http://www.csj.gov.py/jurisprudencia/
Sources and links
- Computer and Emergency Response Team (CERTpy) (Equipo de Respuesta a Emergencias Cibernéticas (CERTpy) http://www.cert.gov.py/
- Judicial Power of the Republic of Paraguay (Poder Judicial de la República de Paraguay) http://www.pj.gov.py/
- Public Prosecutor Office (Ministerio Público de la República de Paraguay) http://www.ministeriopublico.gov.py/
- Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores de Paraguay) http://www.mre.gov.py
- National Police (Policía Nacional de Paraguay) http://www.policianacional.gov.py
- Supreme Court of Justice (Corte Suprema de Justicia de Paraguay) www.csj.gov.py