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"Hacking" accelerates controls by the authorities

Indotel grants a deadline of one year to put into place the measures and mechanisms for security

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Hacking accelerates controls by the authorities
SANTO DOMINGO. The board of directors of the Dominican Telecommunications Institute (Indotel) approves a regulation that seeks to control the collection and preservation of data and information by the internet service providers in the application of the dispositions of Law 53-07 regarding High Tech Crimes and Illegal Acts.

Regulation 086-11recognizes, as a basic principle, the need to have adequate judicial instruments which provide equilibrium and assure an efficient working ability by the state investigative agencies.

Likewise, the protection by the service providers and the establishing of safeguards related to the protection of fundamental human rights such as the freedom of expression, the respect of privacy, the home and correspondence and the right to the protection of data of a personal character.

The new regulation also provides the regulatory framework that will be applied to the whole country.

It stresses that, additionally, the Regulations provide a series of obligations for the service providers with respect to blocking child abuse material on their respective networks and systems and when this is requested by the Justice Department.

"According to the judicial text, the service providers have the obligation to conserve the data on traffic, connections and access, as they are generated by the users of their services, for a period of time no less than 90 days nor for more than two years from the date of their creation and preservation."

The data will be conserved with the idea that they can be used by the corresponding investigative agencies in the solution of high tech crimes and illegal acts.

Indotel points out that the Regulation includes a series of obligations for the owners of centers of public access, such as cyber cafés and points of public access such as wifi hot spots.

The cyber-cafés

Among the commitments for the owners of cyber-cafés is the obligation to keep a registry of internet users for no less than 90 days.

They must prohibit access to Internet pages, chat rooms, portals, or any program containing material related to child abuse.

They must implement security programs and applications for their networks and systems. They cannot allow access by "anonymous" users even when the service is free. In order to guarantee the compliance with these obligations, Indotel will have the authority to define the technical criteria regarding security.