New Protocol for Cyberpatrol
The Argentine Ministry of Security recently approved a new protocol for the use of open sources in crime prevention. The use of open source intelligence will focus on crimes related to the COVID-19 health emergency and cyberattacks against critical infrastructure.
Resolution 144/2020, recently published in the Official Gazette, approves the General Protocol for police use of digital open sources in the prevention of criminal activities (“Protocolo general para la prevención policial del delito con uso de fuentes digitales abiertas”). Resolution 144/2020 replaces Resolution 31/2018, that regulated online investigations regarding arms trafficking and trading in stolen goods.
The protocol establishes principles and guidelines for police use of digital open sources. The protocol will be in force during the term of the public health emergency, as defined by Law No. 27,541.
Cyberpatrolling activities will focus on the following activities: (i) sale, distribution and transportation of counterfeit drugs and critical sanitary supplies; (ii) promotion of unauthorized COVID-19 treatments; (iii) attacks on critical infrastructure; and (iv) violation of mandatory sanitary regulations.
The Protocol further clarifies that police agents will only refer the results of online investigations to criminal courts, when the relevant actions cause or are likely to cause serious harm or may be deemed as an instigation of criminal activity.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.