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Costa Rica


            Status regarding Budapest Convention
Last updated : 30/03/2020

Status regarding Budapest Convention

Status : Party Ratified / acceded : 22/09/2017 Declarations and reservations : Declarations concerning articles: 10, 24. See legal profile

Cybercrime policies/strategies

Costa Rica, in a project led by the Ministry of Science, Technology and Telecommunications (MICITT) has developed a National Cyber Security Strategy, enacted during the year of 2017. This is a strategy dealing with cyber security rather than cybercrime, meaning that areas of cybercrime and electronic evidence are not included to the necessary extent. The Government of Costa Rica has also been very active participating in the Inter-American Strategy to Combat Threats to Cyber security of the Organization of American States (OAS) through the Computer Security and Incident Response Team (CSIRT-CR) of the Ministry of Science, Technology and Telecommunications.

In the Latin American Region the Budapest Convention has been ratified – among others - by Costa Rica in 2017. The country has an extensive substantive, procedural, and international cooperation framework that addresses cybercrime and electronic evidence to a substantial extent, however the need for training in cybercrime and electronic evidence is common among prosecutors and law enforcement. Costa Rica is a priority country of the GLACY+ Project and frequently involved in activities such as legislation, strategies and policies revision, trainings and regional /international conferences.   

The Government of Costa Rica through the Ministry of Science, Technology and Telecommunications participated in the Workshop on Cybercrime Legislation in Latin America organized by the Council of Europe and the Government of Mexico from March 31 to April 2, 2014 where the representatives of said Ministry provided updates on substantive and procedural legislation and the national activities to counter cybercrime. During the workshop, the representative of said Ministry commented on the creation of a Division within the Ministry of Science, Technology and Telecommunications that will be especially in charge of cyber security matters pursuant to the National Development Plan of Telecommunications.

Specialised institutions

The Judicial Investigation Organism of Costa Rica has a Division on Cybercrime Investigations, which along with the corresponding Offices of Public Prosecutors pertaining to the Ministerio Publico are the main authorities in charge of the investigation of crimes, including crimes committed through the use of computer systems and Internet.

The Computer Security and Incident Response Team (CSIRT-CR) of the Ministry of Science, Technology and Telecommunications, which was officially created in March 2012 is the official government entity that facilitates and coordinates matters on information security and cybercrime among government entities and financial institutions pertaining to the State. The CSIRT-CR is composed of the heads of the main national Ministries and is the entity in charge of facilitating support and cooperation with administrative and judicial authorities for the investigation and prosecution on cybercrime and the coordination of activities and tasks within the Inter-American Committee Against Terrorism (CICTE) of the Organization of the American States and Interpol.

Jurisprudence/case law

The Supreme Court of Justice has issued findings and jurisprudence regarding child pornography and intervention of private communications. The case law can be consulted directly in the website of the Judicial Power of Costa Rica at: http://www.poder-judicial.go.cr/scij .


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