This law defines what kind of collection, storage, processing and publishing of personal data is allowed. The law also forbids the diffusion of “sensitive data” of individuals or identifiable persons, defining as sensitive data the information relating to race or ethnicity, political preferences, moral, philosophical or religious beliefs, data about the sexual life of individuals, and any other data that fosters prejudice and discrimination, affect the dignity, the privacy, and the private image of persons and families. The infringement of the legislation may be sanctioned with fines imposed by the Civil and Commercial Court (Juzgado en lo Civil y Comercial).
This case in Peru is about reports associating the plaintiff to criminal procedures from which he has been acquitted. After an initial ruling of the Peruvian DPA (Dirección General de Protección de Datos Personales) determining Google Peru must generally delist all content associating the plaintiff to the news related to the criminal matters mentioned in the complaint. Google appealed within the DPA’s administrative procedure. The Peruvian DPA upheld its initial ruling, but indicated precisely the 16 URLs that should be removed by the search engine. In the decision, the DPA asserted that: Google Peru was under jurisdiction of the Peruvian Law, and therefore, the Peruvian DPA; By indexing search results based on a name query, Google Peru was processing data and should thus be considered a data controller in the terms of...
Peru is participating in the negotiation of an international agreement including a section on Internet service provider liability, with countries lining up either in favour of a general notification obligation or a notice-and-takedown system with the prospect of terminating subscriber Internet access and content blocking.
Comisión de Derechos de Autor del Instituto Nacional de Defensa de la Competencia y la Propiedad Intelectual Peruvian Copyright Administrative Authority at the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) Hiperderecho, www.hiperderecho.org Miguel Morachimo (Hiperderecho), Lesson from Peru: A Tough Start to Regulating ISP Liability
(1) This FTA has miscellaneous rules concerning IP Rights and ISP Liability, which resemble closely to the US DMCA provisions. However, the national implementation of intermediate liability rules for services providers is still pending with no clear schedule. (2) This Agreement also includes a side letter with particular rules regarding the information that notifications must include.
providing that (1) no authority or private party may authorise the use of a copyrighted work or any other work protected under Copyright Law or assist in its use if the user doesn’t have previous and written authorization from the copyright holder, except in the cases established by law, under risk of solidarity liability (article 39); (2) the owner, conducer or representative in charge of establishments where copyrighted works are communicated will answer in solidarity with the event’s organiser for any infringement that may happen on those premises (article 116).