The Science and Technology Commission, chaired by legislator Sebastián García (PPQ), will organize a public hearing to debate the bill “Which establishes the obligatory nature of the conservation of traffic data to combat child pornography and related punishable acts” . This initiative is promoted by Deputy Rodrigo Blanco (PLRA).
The public hearing will take place on Thursday, June 1, at 10:00 a.m., in the session room of the Lower House (fourth floor).
The document in question points to regulate traffic data handling by individuals or legal entities that provide Internet services.
The intention is oblige these providers to keep the traffic data generated or usedin order to combat child pornography.
The purpose is for obligated subjects to provide reports that allow the identification of the Internet Protocol (IP) of the user, At the well-founded request of the Public Ministry, through its prosecutors, through the competent court, for the understanding of child pornography cases and related punishable acts.
The regulation explains, in its preamble, that according to statistics and data provided by the Criminal Observatory of the Public Ministry, andn 2018, 521 complaints were registered; in 2019, 960 complaints; in 2020 a total of 915 complaints; and in the year 2021, 2,796 complaints of pornography related to children and adolescents have been processed.
“A high percentage of these cases were archived as there was no possibility of identifying those responsible,” said Deputy Rodrigo Blanco in this regard.
He recalled that according to those in charge of international operations against child pornography, the number of people identified in these criminal networks would be much higher if Internet connection providers did not offer the same IP number to different clients.
The measures set forth in the project seek to provide the Public Prosecutor with tools for data matching, taking into account that the specialized and technical units do not have this information, which is essential for the investigation.
The document establishes that the entities that provide telecommunications services must establish the corresponding internal mechanisms to adapt their facilities and processes, in order to provide prompt and effective responses to the requirements of the Public Ministry.
In essence, it is provided thatInternet providers must keep communication traffic data for a minimum period of 12 months.
It is indicated that the data must be stored solely for the purpose of facilitating the location of the terminal equipment used by the user for the transmission of information.
A section states that failure to comply with the obligations provided for will be considered a “very serious offense” and will be punished with a fine of up to 1,000 minimum wages for each case, regardless of criminal responsibility.
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