El Salvador’s new cybersecurity and data protection laws, passed in November 2024, have sparked concerns about their potential impact on media freedom and privacy. Human Rights Watch has raised alarms, pointing to the broad powers granted to the newly established state cybersecurity agency, which is led by a presidential appointee. These powers include the ability to remove online content deemed harmful, such as information about individuals, which could lead to censorship under the guise of protecting data. Critics argue that this gives the government the tools to suppress critical media and transparency.
One of the most controversial aspects of the new laws is the introduction of the “right to be forgotten.” This provision allows individuals to request the removal of personal data from the internet, including search engines and media outlets, if it is considered outdated, inaccurate, or excessive. While intended to protect privacy, this rule could be misused to erase information that is of public interest, especially if it pertains to government officials or matters of public concern. Human Rights Watch has expressed particular concern that the government could use this law to pressure media outlets to remove critical reports about public figures.
In addition to the “right to be forgotten,” the laws also impose heavy fines on media outlets and search engines that fail to comply with the data protection requirements. This could make media organizations hesitant to publish information that could be challenged under the law, leading to self-censorship. Experts argue that the law could undermine freedom of the press, especially in a country where the government has previously been accused of using surveillance tools to target journalists and activists.
The passage of these laws comes amid growing concerns about digital rights in other countries. In India, for example, new regulations aimed at protecting critical infrastructure have raised similar fears about data collection and privacy. Both countries’ laws have sparked debates about the balance between security and individual freedoms, with critics warning that such measures could be exploited to curtail civil liberties and suppress dissent. Human Rights Watch and other advocacy groups continue to monitor the implementation of these laws and their potential impact on free expression and privacy.
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