Ministry of National Security Resolution No. 144/2020: General Protocol for the police prevention of crime with the use of open digital sources.
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TMT and White Collar & Corporate Crime Departments joint report | Ministry of National Security Resolution No. 144/2020: General Protocol for the police prevention of crime with the use of open digital sources
Dear Sir or Madam,
Ministry of National Security Resolution No. 144/2020 (the “Resolution”), published in the Official Gazette on June 2nd, 2020, establishes:
1. The approval of the “GENERAL PROTOCOL FOR THE POLICE PREVENTION OF CRIME WITH THE USE OF OPEN DIGITAL SOURCES” (the “General Protocol”), better known as “cyber patrol”.
2. That the General Protocol will be in force during the term of the public emergency in health matters set forth by Law No. 27,541 (that is until December 31, 2020), expanded by DNU No. 260/2020 and its amendment, by virtue of the Pandemic declared by the WORLD HEALTH ORGANIZATION (WHO) in relation to the coronavirus COVID-19.
3. The instruction to the heads of the federal security forces to adjust the regulations of each body related to the tasks of police crime prevention with the use of open digital sources, to the general principles, criteria, and guidelines established in the General Protocol.
4. The creation of an Advisory Board made up of members of the Ministry of Security, the National Director of Cybersecurity, the Director of the Agency for Access to Public Information, representatives of both chambers of the National Congress, members of the Public Prosecutor’s Office, Judiciary, Ombudsman Office and the Secretariat for Human Rights.
The objective of the Advisory Board will be to assess compliance with the General Protocol and with the specific regulations adopted by the police and security forces. It may also propose modifications or complementary provisions of the General Protocol.
5. The repeal of Resolution 31/2018 of the former SECRETARIAT OF SECURITY that had instructed the cybercrime investigation areas of the federal security forces to not violate the right to privacy and data protection when they take intervention in certain acts in public access sites.
6. The instruction to the Secretary of Federal Security Articulation to disseminate the General Protocol and to articulate and coordinate with the provincial governments, the adoption of the principles set forth therein.
The General Protocol sets forth that the police prevention with the use of open digital sources may only apply to certain possible criminal behaviors related to the particular context, such as marketing, distribution, and transportation of apocryphal medication and critical supplies; sales of alleged drugs with references to COVID-19, or similar, without the authority approval or certification; computer attacks to hospitals and health centers; and the development of indications relating to the crimes of violation of anti-epidemic measures and disobedience, provided for in articles 205, 239 and concordant of the Criminal Code.
The use of open digital sources in police prevention may include also those behaviors carried out through technological systems with the alleged purpose of human trafficking, drug trafficking, money laundering, and terrorism; those that may suppose harassment or gender violence situations, threat or extortion of giving publicity to private images; grooming and production, financing, offering, trade, publication, facilitation, disclosure or distribution of images of sexual abuse of children.
The General Protocol subjects police prevention with the use of digital sources to the following principles:
• Legality
• Necessity
• Proportionality
• Reasonableness
• Protection of reasonable expectation of privacy
• Protection of personal data
• Protection of freedom of expression
• No criminalization of online protests
• Restriction of discretion in the fulfillment of preventive tasks
• Professionalization of personnel affected by crime prevention tasks with the use of open digital sources
• Destruction of prevented material not judicialized
• Openness
• Transparency and accountability
• Control and responsibility for abusive and violative use
To access the General Protocol, click here.
Please, do not hesitate to contact us should you require any additional information on this matter.
Sincerely,
Emilio Beccar Varela
Florencia Rosati
Francisco Zavalía