Pointing towards legal security in cyberspace

By Rosa Elena Di Martino, Berkemeyer Attorneys & Counselors

The Paraguayan Electronic Commerce Act, enacted in 2013, establishes the duty of holding connection and traffic data generated by the communications established during the supply of a service, for providers of intermediation services and data hosting, for a minimum period of 6 months.

It is noted that to comply with the legal obligation, the data will be stored only for the purpose of facilitating the location of the terminal equipment used by the user to transmit information.

Data hosting providers are required to store only those necessary data to identify the origin of the stored data and the time the service began and may not be used for purposes other than those permitted by law, also, appropriate security measures to prevent loss or alteration and unauthorized access must be adopted.

Currently, a new bill is in gestation and the initiative comes from the Prosecutors. In it, companies are compelled to retain all communications traffic data linked to Internet access, such as the name and address of the registered user accessing the web; the user ID or telephone number of the intended recipient of an Internet telephone call.
Another incorporated obligation relates to the conservation of the date and time of connection and disconnection, as well as the IP address.

The argument underpinning this project is linked to the investigation of offenses committed through electronic means.
If the project ends up becoming a law, it will join the Electronic Commerce Act and the Computer Crimes Act of 2011, providing greater regulatory spectrum as a basis to prosecution activity.

Source: Última Hora