Dominican high court rules for privacy on telecom data-gathering

Santo Domingo.- The Constitutional Court on Tuesday struck down 14 articles of a Dominican Telecomm Institute (Indotel) provision on the collection and gathering of data and information by telecom service providers and which forced them to maintain records of data, connections and access generated by users and information, for use by State security agencies to investigate high-tech and other crimes without a warrant.

The high court ruled that the provision was unconstitutional as it violates the right to privacy, the right to secrecy and privacy of communication, as well as fairness and due process under law.

The ruling stems from a challenge as unconstitutional against the Indotel Resolution issued September 1, 2011, filed April 6, 2013, by Namphi. A. Rodríguez and José Molina Morillo, of the Press and Law Center Foundation, aimed at upholding the principle of the freedom of expression.

The ruling states that a provision that allows State investigative entities to access telecom data on traffic and connection by providers violates the principle and regulations on fundamental rights.