Cybercrime on the Rise: Financial Institutions in Peru Under Scrutiny

Peru has taken significant steps to combat cybercrime, adopting an independent law that punishes and sanctions such offenses. The Law on Computer Crimes, which has been in force since 2013, provides a comprehensive framework for tackling various forms of cybercrime.

Ratification of the Budapest Convention

In March 2019, Peru ratified the Budapest Convention, an international treaty aimed at combating cybercrime. The Convention was published in the Official Journal El Peruano on September 22, 2019, and came into effect on December 1, 2019.

Sanctioned Offenses

The Law on Computer Crimes lists numerous offenses related to the use of information and communication technologies:

Misuse of devices and information mechanisms
Illegal access to computer systems
Sexual harassment
Advocacy of crime
Violations of the radio electrical spectrum
Attack against the integrity of computer data
Attack against integrity of computer systems
Illegal data trafficking
Attacks against Telecommunications
Attack against satellite signals
Crimes against Intellectual Rights
Crimes against the Public Administration
Defamation
Racial, religious, sexual and genetic discrimination
Espionage
Computer Fraud
Interception of computer data
Child pornography and pedophilia
Solicitation of children and teenagers for sexual purposes by technological means
Identity Theft
Illegal Trafficking of Personal Data

Cooperation between Authorities

The Law on Computer Crimes provides powers to attorneys, the National Police of Peru, Public Prosecutors, and private sector entities involved in the fight against cybercrime to establish operational cooperation protocols. These protocols ensure the exchange of information, transmission of documents, and interception of communications.

Protecting Human Rights

Peru’s laws protect human rights and safeguards, including:

Equality and due judicial process
Right to personal and family privacy
Right to the inviolability of the home
Right to a legitimate defense
Rights of accused parties
Secrecy and inviolability of private communications and documents

Obligations of Providers

Law 27697 obliges providers of public telecommunications services to facilitate the geo-localization of mobile phones and procedures of intervention, recording, and wiretapping of communications. Companies must keep the secrecy of communications, the intervention of which has been requested.

Financial institutions in Peru are under scrutiny as cybercrime continues to rise. The country’s laws provide a comprehensive framework for tackling various forms of cybercrime, and authorities have established cooperation protocols to ensure the exchange of information and protection of human rights.