Cybercrime in Finance in El Salvador Raises Privacy Concerns

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A recent reform to El Salvador’s Criminal Procedural Code on computer crimes has raised concerns about privacy and free expression, as digital agents operating under police control will now be able to conduct undercover operations without a court order. The reform was approved by the Legislative Assembly earlier this month.

Undercover Operations with No Clear Oversight

The agents will operate with approval from the Attorney General Office, but without clear limits or oversight, sparking worries about the extent to which they will intrude on privacy rights. The reform is also vague about the scope of their operations and does not establish any independent mechanism for auditing cases.

Broad and Vague Definitions

Recent amendments made to El Salvador’s Special Law Against Computer Crimes in December define offenses in broad and vague terms. For instance, one amendment criminalizes using technology to obtain or distribute “confidential” information, a provision that could easily be misused against journalists, advocacy groups, or whistleblowers.

Concerns Amid Stifling Dissent

The reforms come at a time when the Salvadoran government is facing criticism for its efforts to stifle dissent. Last November, it proposed a “foreign agents” bill that would heavily restrict the work of journalists and civil society organizations.

Pegasus Spyware Concerns

Recent reports that Pegasus spyware has been used to hack at least thirty-five Salvadoran journalists and civil society members have also raised significant concerns over illegal surveillance. The government has denied using the software and being an NSO Group client, but evidence indicates that it is being used for surveillance purposes in multiple countries.

Legal Cover for Surveillance?

In this context, the recent computer crimes reforms look like an attempt to provide legal cover for surveillance or harassment of journalists and others. It is crucial that the international community supports efforts to counter the government’s authoritarian tendencies and promotes transparency and accountability in El Salvador.