The Free Internet Project

Peru

Summary: Peru protects free speech by any means of communication, privacy, and personal data.  It has a free trade agreement with the U.S. requiring ISP safe harbors, but Peru has yet to enact such a law. Peru has legal protection for net neutrality.  

Internet freedoms:

(1) Free speech  

Peru's Constitution recognizes the freedom of expression: "A freedom of information, opinion, expression and dissemination of thought through oral or written word or image, by any means of communication social, without prior authorization or censorship or other impediments under the responsibilities of law." [Text]  However, reports indicate that journalists are sometimes the subject of threats and harassment for reporting of news that is critical of political leaders or government.  Peru has a criminal defamation law; several journalists have been punished for content critical of public officials.  Internet content is not restricted.   

(2) Privacy

The Constitution protects a right of privacy in several provisions. [Text]  Peru also has a statute (Law 29733 for Personal Data Protection) [Text] and regulations (Supreme Decree No.003-2013-JUS) [Text] to protect personal data comparable to the EU Data Protection Directive. Title IV recognizes rights of (i) information, (ii) access, (iii) update, inclusion, rectification and elimination, (iv) right to prevent the supply, (v) right of opposition, (vi) right to protection, and (vii) right of indemnification.  It is unclear whether the right of rectification establishes a "right to be forgotten" as applied to search engines.

Article 20 states: "Article 20.- Right of update, inclusion, rectification and elimination The data subject has the right to the update, inclusion, rectification and elimination of his personal data processed when they are partially or totally inaccurate, incomplete, when noticing omission, error or inaccuracy, when they are no longer necessary or relevant for the purpose for which they were compiled or upon the expiration of the term established for their processing. If his personal data were previously transferred, the personal data database controller must communicate the update, inclusion, rectification and/or elimination to the party to whom they were transferred, if the latter continues processing them, and the latter must also proceed with the update, inclusion, rectification and/or elimination, as the case may be. During the process of update, inclusion, rectification and/or elimination of personal data, the personal data database controller will order their blockage, being prohibited from allowing third parties to access them. The elimination of personal data contained in publicly administered personal data databases is subject to the provisions of article 21 of the Sole Amended Text of Law No. 27806, Law of Transparency and Access to Public Information or its replacement. "

(3) Access 

Peru does not guarantee a legal right to Internet access.   The 2013 Law for the Strengthening of Competition on Public Mobile Services requires mobile network operators to share infrastructure.  According to 2013 ITU figures, Peru had 37% Internet penetration with 11,700,927 users. 

ISP safe harbors: 

Peru entered into a Free Trade Agreement (FTA) with the United Sates, signed on April 12, 2006, that requires ISP safe harbors. [Text]  However, Peru has yet to enact the safe harbors into law. 

Net neutrality:  

Peru has legal protection for net neutrality through the 2012 Law for the Promotion of Broadband and Construction of Optical Fibre Backbone: "Internet access providers shall respect network neutrality, and therefore can not arbitrarily block, interfere with, discriminate or restrict the right of any user to use an application or protocol, regardless of their origin, destination, nature or property." [Text]