Peru

Cybersecurity measures in Regulation of Law no. 31814 promoting the use of AI for the economic and social development of the country

On 6 December 2024, the Secretariat of Government and Digital Transformation (SGTD) closes its consultation on the Regulation of Law no. 31814 promoting the use of artificial intelligence (AI) for the economic and social development of the country including cybersecurity measures. The new draft includes a provision for visible labelling on text, images, videos and audio generated by AI systems to inform users of AI-generated content. The draft Regulation continues to classify AI systems based...

Enviar aportes para la elaboración del Reglamento de Inteligencia Artificial - Servicio - Presidencia del Consejo de Ministros - Plataforma del Estado Peruano

ANPD recommendations to prevent WhatsApp account interception

On 27 January 2024, the National Authority for Personal Data Protection (ANPD) of the Ministry of Justice and Human Rights (MINJUSDH) in Peru adopted a set of recommendations to prevent WhatsApp account interception. The ANPD issued the guidelines in response to an increase in reports of such incidents, where cybercriminals trick account holders into opening their WhatsApp accounts on another device and impersonate them to request online loans or money. The ANPD's recommendations include acti...

Cybersecurity regulation in draft Regulation of the Data Protection Law

On 24 September 2023, the Government of the Peruvian State has closed the public consultation on the draft Regulation of the Personal Data Protection Law - an implementing regulation including cybersecurity regulation. The Regulation aims to define new legal categories and principles for data protection, including incident reporting and impact assessments. Specifically, the Regulation includes details on cybersecurity obligations for processors of personal data. It also requires processors to...

Cross-border data transfer regulation in draft Regulation of the Data Protection Law

On 24 September 2023, the Government of the Peruvian State has closed the public consultation on the draft Regulation of the Personal Data Protection Law - an implementing regulation including cross-border data transfer regulation. The Regulation aims to define new legal categories and principles for data protection, including incident reporting and impact assessments. Specifically, the Regulation includes details on the rules applicable to cross-border data transfers. The Regulation reiterat...

Law promoting the use of artificial intelligence for the economic and social development of Peru (Law no. 31814)

On 5 July 2023, Law no. 31814 promoting the use of artificial intelligence (AI) in favour of the economic and social development of the country was published. The Law outlines the principles for the development and use of AI including risk-based security standards, multi-actor participation, internet governance, digital society, ethical development, and privacy of AI. The Law expressly provides that AI should be safe and not breach personal privacy. The Law also establishes a national authori...

ANAP investigation into inDrive' compliance with Personal Data Protection Law

On 4 April 2023, the Authority for the Protection of Personal Data (ANPD) issued a warning regarding the risks faced by users of the inDrive App, a taxi service provider in the country. ANPD noted that the company may not have a mechanism in place to prevent the registration of false or inaccurate information, posing a risk that could compromise the privacy and physical safety of the users of their services. The ANPD stated that inDrive fails to comply with the requirements of the Personal Da...