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Summary August 2016 - When President Mauricio Macri took office in December 2015, he made several decisions—mostly through presidential decrees—that affected communication surveillance in Argentina. The 2001 National Intelligence Act is the primary legal framework for the State’s surveillance activities. In March 2015, the Act was modified and introduced one major reform: it moved the office in charge of intercepting communications with judicial authorization (DICOM) from under the authority of the Executive Branch to the Public Ministry. Moving this power to the Public Ministry was arguably a good decision that increased transparency and independence because the DICOM was traditionally perceived as being responsible for carrying out political espionage measures at the behest of the president.

In late December 2015, President Macri decided to move the DICOM from the Public Ministry to the Supreme Court. According to the National Intelligence Act, all communications interceptions conducted for purposes of criminal investigations and national and foreign intelligence gathering fall within the scope of the DICOM and require judicial authorization. However, Argentinean surveillance law suggests that the DICOM is only involved in criminal investigations. The report explains that this is not the case since the National Intelligence Act dictates the DICOM is also responsible for communications interceptions related to general intelligence gathering, including foreign intelligence. Placing the DICOM under the authority of the Supreme Court means the office lacks the proper oversight and accountability measures it needs to lawfully operate. This report further analyzes the legal authorities and regulatory structure governing surveillance in Argentina, and contains a number of other recommendations that Argentineans policymakers should consider when pressing for further reforms. Normative Power of International Treaties on Human Rights that May Affect Communications Surveillance 1.1 How Does the State Regulate its Obligation to International Cooperation in Matters of Information Exchange?

There are several international treaties that contain provisions about certain human rights that may be affected by communications surveillance. The right to privacy, which is enshrined in several different international treaties, is the primary right affected by surveillance. Constitutional Framework The Argentinian constitutional framework protects any fundamental rights that may be affected by communications surveillance. Belajar membaca anak tk gratis software download.

As previously stated, international human rights treaties ratified by Argentina have a constitutional hierarchy. This means the human rights protections that are related to surveillance, and provided for in such treaties, are fully enforceable in Argentina's legal system.

In addition to the protections granted by international law, Argentina's national constitution provides for the protection of several related rights that might be affected by communications surveillance. With respect to the right to privacy, the national constitution maintains “The private actions of a man which in no way offend public order or morality, nor injure a third party, are reserved only to God and are exempted from the authority of judges. No inhabitant of the Nation shall be obliged to perform what the law does not demand nor be deprived of what the law does not prohibit.” The constitution further establishes the inviolability of the home and of communications, since “the home, written correspondence and private papers of inhabitants may not be violated; and a law shall determine in which cases and for which reasons their search and seizure are allowed.” Even though the constitution makes reference to written correspondence, the Supreme Court has extended this protection to communications transmitted via the Internet. (See “Case Law.”) The concept of habeas data is also provided for in the constitution. This allows for “Any person” to “.file this action to obtain information on the data about himself and its purpose, registered in public records or data bases, or in private ones that aim at supplying information; and in case of false data or discrimination, this action may be filed to request the suppression, rectification, confidentiality or updating of said data. The secret nature of the sources of journalistic information shall not be impaired.” Additionally, the constitution provides for amparo proceedings, which can be expedited and filed “provided there is no other adequate legal remedy against any act or omission of the public authorities or individuals which currently or imminently may damage, limit, modify or threaten the rights and guarantees recognized in this constitution, treaties or laws, with open arbitrariness or illegality. In such case, the judge may declare that the act or omission is based on an unconstitutional rule.” This legal tool was used by Halabi, an attorney who requested that the Supreme Court declare an article on mandatory data retention unconstitutional since it violated privacy and professional secrecy.