Cyber Law at Guatemala
Guatemala has been actively developing its cyber law framework to address the challenges of the digital age. Here's an overview of the key legislative developments:
🛡️ Law on Prevention and Protection Against Cybercrime (Decree 39-2022)
Approved on August 4, 2022, this law criminalizes cyber activities that violate personal data, sensitive computer data, and the confidentiality, integrity, and availability of information stored in computer systems It also established the Institutional Security Centre for Technical Response to Computer Incidents to enhance cybersecurity efforts
⚖️ Cybercrime Law (Decree 19-2006)
This law addresses offenses such as unauthorized access to systems, data interference, and computer-related fraud It establishes penalties for perpetrators and promotes cooperation among local and international law enforcement agencies to tackle cyber threats effectively
🧾 Personal Data Protection Law (Bill No. 6105)
Introduced in 2022, this bill aims to establish data protection principles, including transparency, fairness, and confidentiality. It defines sensitive data, enshrines data subject rights, and outlines obligations for data controllers and processor. As of April 2023, the bill had passed the Transparency and Probity Commission and was awaiting further discussion in Congress.
🔐 *Cybersecurity Law (Initiative 6347)
Currently under review, this proposed legislation seeks to criminalize cyber offenses and establish procedural rules for incorporating digital evidence in criminal proceedings It aims to align with international standards, including the Budapest Convention on Cybercrime, to enhance Guatemala's cybersecurity framework.
📜 Additional Relevant Laws
**Penal Code (Decree No. 17-73)*: Addresses cybercrimes such as the destruction, alteration, and reproduction of computer records, unauthorized use of computer records, and the distribution of destructive programs.
**Law for the Recognition of Electronic Communications and Signatures (Decree No. 47-2008)*: Establishes the foundation for security in digital transactions and the validity of electronic communications.
**Law on Access to Public Information (Decree No. 57-2008)*: Ensures transparency and the right of access to information in public records, implying the protection of data and digital systems.
**Law on Simplification of Requirements and Administrative Procedures (Decree No. 5-2021)*: Promotes efficiency and digitalization of processes, encouraging the adoption of cybersecurity measures in governmental interactions.
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