Cyber Law at Honduras
Honduras has established a legal framework to address cybercrime and data protection, comprising several key laws and regulations. Here's an overview:
🛡️ Cybercrime Legislation
1. **Penal Code (2019)** The Penal Code of Honduras, effective since November 2019, includes provisions targeting cybercrimes, such as
Illegal Access: Unauthorized access to computer systems
Illegal Interception: Unauthorized interception of communications
System/Data Interference: Disruption or alteration of computer systems or data
Misuse of Devices: Possession or use of tools for committing cybercrimes
Computer Fraud: Fraudulent activities involving computers
Child Pornography: Offenses related to child exploitation online These provisions align with international standards, though procedural laws for electronic evidence are still under development
2. **Cybercrime Law (Decree No. 145-2019)** This law defines various computer-related offenses and outlines penalties, empowering law enforcement agencies to investigate and prosecute cybercrimes effectively
🔐 Data Protection Framework
1. *Law No. 172-13 on Comprehensive Protection of Personal Data
Enacted in 2013, this law establishes guidelines for the collection, processing, and storage of personal data. It aims to protect individuals' privacy rights and ensures that personal data is handled responsibly.
2. *Institute for Access to Public Information (IAIP)
The IAIP is the primary authority overseeing data protection in Honduras. It is responsible for enforcing data protection laws, handling complaints, and ensuring compliance among public and private entities.
3. *General Law on the Protection of Personal Data (Draft)
A draft law is under consideration, aiming to strengthen data protection measures. This law is expected to address gaps in the current framework and align with international standard.
⚖️ Enforcement and Compliance
Penalties for Violations Organizations found in violation of data protection regulations may face fines, sanctions, and reputational damage. Penalties can vary based on the severity of the breach.
Data Breach Management Entities are required to implement procedures for managing data breaches, including notifying affected individuals and authorities when necessary.
Regulatory Authority The IAIP oversees compliance with data protection laws and has the authority to investigate complaints and enforce regulation.
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