(Washington, DC) – El Salvador’s Legislative Assembly has recently passed new cybersecurity and data protection laws, marking significant changes to the country’s regulatory landscape. Approved on November 12, 2024, these laws establish a State Cybersecurity Agency tasked with overseeing both cybersecurity and data protection matters. The agency, led by a presidential appointee, is granted broad powers, including the ability to develop national policy, manage cyber threats, and impose sanctions.
The data protection law introduces a “right to be forgotten,” which allows individuals to request the removal of their personal data from online sources such as search engines and media outlets. However, this provision has raised concerns due to its potential impact on the media and public access to information. While the law contains exceptions to safeguard free expression and the press, critics have highlighted that these exceptions are dependent on the precision of the published data, which could lead to the removal of information deemed inaccurate, incomplete, or outdated.
The new legislation also outlines penalties for non-compliance, including fines for media outlets or search engines that fail to adhere to the data protection guidelines. These fines could amount to up to 40 minimum monthly salaries, which could lead to potential challenges for media organizations in maintaining editorial independence.
International organizations have expressed concerns about the broader implications of the law. The United Nations Human Rights Council has emphasized the need for independent authorities to oversee privacy protections, while the Organization of American States’ special rapporteur for freedom of expression has cautioned that the “right to be forgotten” could restrict access to information of public interest, particularly regarding public officials.
The data protection law includes exceptions for data related to public security, national defense, and crime prevention, allowing government agencies to use personal data for purposes related to these areas. This provision has raised concerns about potential privacy risks, as it allows for the publication of personal data without strict limitations in these contexts.
While the government has emphasized the importance of safeguarding personal data, some critics argue that the broad powers granted by these laws could limit freedom of expression and press freedom, particularly in the context of El Salvador’s current political climate.
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