According to the International Telecommunications Union (ITU), as of 2021, Peru had an internet penetration rate of around 71.1 %. However other indexes place this number in the mid 60’s. Although many improvements were made in the past few years, Peru still possesses low network coverage, especially in rural areas and a relatively low network performance.
The government of Peru has been implementing initiatives to increase connectivity in rural areas, including a national broadband plan and a program to deploy free Wi-Fi hotspots in public spaces, with a year-on-year increase of almost 100 %.
Peru ranked 86 out of 182 countries surveyed in the ITU’s Global Cybersecurity Index in 2020.
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According to the International Telecommunications Union (ITU), as of 2021, Peru had an internet penetration rate of around 71.1 %. However other indexes place this number in the mid 60’s. Although many improvements were made in the past few years, Peru still possesses low network coverage, especially in rural areas and a relatively low network performance.
The government of Peru has been implementing initiatives to increase connectivity in rural areas, including a national broadband plan and a program to deploy free Wi-Fi hotspots in public spaces, with a year-on-year increase of almost 100 %.
Peru ranked 86 out of 182 countries surveyed in the ITU’s Global Cybersecurity Index in 2020. India and the European Union share many values and principles, such as inclusiveness, democracy, and multilateralism. With 1.4 billion people, India is the largest democracy in the world and considers itself as a leader among the Global South. India and the EU share common visions of a rules-based global order and are aligned on their commitment to an open, free, secure, stable, peaceful, and accessible cyberspace, enabling economic growth and innovation. In light of India’s rapid digitization and connectivity, the EU-India Strategic Partnership & Roadmap to 2025 includes commitments to cooperate on new and emerging technologies, norms and regulatory frameworks, and international standards. Thanks to its regulatory powers, robust digital economy, and active foreign and security policy, the European Union is one of the key players in cyberspace. The EU strongly promotes the position that international law, and in particular the United Nations (UN) Charter, applies in cyberspace. As a complement to binding international law, the EU endorses the voluntary non-binding norms, rules and principles of responsible State behaviour that have been articulated by the UN Group of Governmental Experts. It also encourages the development and implementation of regional confidence building measures, both in the Organisation for Security and Co-operation in Europe and other regions. On a bilateral level, the EU has established cyber dialogues with strategic partners to reinforce the exchange of good practices, lessons learnt and further the idea of responsible state behaviour in cyberspace.
The government of Peru has been implementing initiatives to increase connectivity in rural areas, including a national broadband plan and a program to deploy free Wi-Fi hotspots in public spaces, with a year-on-year increase of almost 100 %.
Peru ranked 86 out of 182 countries surveyed in the ITU’s Global Cybersecurity Index in 2020. India and the European Union share many values and principles, such as inclusiveness, democracy, and multilateralism. With 1.4 billion people, India is the largest democracy in the world and considers itself as a leader among the Global South. India and the EU share common visions of a rules-based global order and are aligned on their commitment to an open, free, secure, stable, peaceful, and accessible cyberspace, enabling economic growth and innovation. In light of India’s rapid digitization and connectivity, the EU-India Strategic Partnership & Roadmap to 2025 includes commitments to cooperate on new and emerging technologies, norms and regulatory frameworks, and international standards. Thanks to its regulatory powers, robust digital economy, and active foreign and security policy, the European Union is one of the key players in cyberspace. The EU strongly promotes the position that international law, and in particular the United Nations (UN) Charter, applies in cyberspace. As a complement to binding international law, the EU endorses the voluntary non-binding norms, rules and principles of responsible State behaviour that have been articulated by the UN Group of Governmental Experts. It also encourages the development and implementation of regional confidence building measures, both in the Organisation for Security and Co-operation in Europe and other regions. On a bilateral level, the EU has established cyber dialogues with strategic partners to reinforce the exchange of good practices, lessons learnt and further the idea of responsible state behaviour in cyberspace.
Peru is one of the Latin American countries to have signed and ratified the Council of Europe’s Convention 108+.
The country has also participated in the United Nations Open-ended Working Group (OEWG) on Developments in the Field of Information and Telecommunications in the Context of International Security. As a matter of fact, after the third substantive session of the OEWG, Peru issued a statement supporting the primacy of the UN Charter and the application of international law in the use of ICTs and in cyberspace, as well as the future establishment of legally binding obligations.
On the other hand, Peru along with Chile and the United States of America, has a divergent view on the notion of cyber attack and the applicability of international law. Peru states that in order for a cyber operation to be considered an attack, it results in direct death, injury or physical harm. As a member of the 2015 UNGGE group, India accepts that international law and specifically the UN Charter applies in its entirety in the cyber domain. India has noted the need to develop common understandings as to how international law should be interpreted, especially on the issues of what constitutes force and/or an armed attack in cyberspace and what the threshold of cyber-attacks should be to invoke Article 51 of the UN Charter.
In statements at the UN General Assembly, India has also specifically called for further elaboration on peacetime rules of international law, the law concerning the right of self-defence and international humanitarian law.
Apart from these calls for clarification and elaboration, however, India’s stance on specific aspects of international law and their interpretation remains unclear. This seems consistent with India’s recent reorientation of its foreign policy; since 2019, India’s wider approach has been marked by a shift from traditional non-alignment to issue-based ‘multi-alignment’ that reflects national priorities and interests. Under the auspices of the UN, the EU and its Member States have consistently reaffirmed that a universal cyber security framework can only be grounded in existing international law, including the Charter of the United Nations in its entirety, international humanitarian law, and international human rights law.
Addressing issues as to how existing international law and international humanitarian law, including the principles of humanity, necessity, proportionality and distinction, apply to the use ICTs by States is necessary to increase accountability and transparency. International humanitarian law is fully applicable in cyberspace and this should not be misunderstood as legitimising the use of force between states in the cyber domain. The EU has typically opposed calls for the need to adapt existing international law as a means to develop a new legal instrument for cyber issues.
The country has also participated in the United Nations Open-ended Working Group (OEWG) on Developments in the Field of Information and Telecommunications in the Context of International Security. As a matter of fact, after the third substantive session of the OEWG, Peru issued a statement supporting the primacy of the UN Charter and the application of international law in the use of ICTs and in cyberspace, as well as the future establishment of legally binding obligations.
On the other hand, Peru along with Chile and the United States of America, has a divergent view on the notion of cyber attack and the applicability of international law. Peru states that in order for a cyber operation to be considered an attack, it results in direct death, injury or physical harm. As a member of the 2015 UNGGE group, India accepts that international law and specifically the UN Charter applies in its entirety in the cyber domain. India has noted the need to develop common understandings as to how international law should be interpreted, especially on the issues of what constitutes force and/or an armed attack in cyberspace and what the threshold of cyber-attacks should be to invoke Article 51 of the UN Charter.
In statements at the UN General Assembly, India has also specifically called for further elaboration on peacetime rules of international law, the law concerning the right of self-defence and international humanitarian law.
Apart from these calls for clarification and elaboration, however, India’s stance on specific aspects of international law and their interpretation remains unclear. This seems consistent with India’s recent reorientation of its foreign policy; since 2019, India’s wider approach has been marked by a shift from traditional non-alignment to issue-based ‘multi-alignment’ that reflects national priorities and interests. Under the auspices of the UN, the EU and its Member States have consistently reaffirmed that a universal cyber security framework can only be grounded in existing international law, including the Charter of the United Nations in its entirety, international humanitarian law, and international human rights law.
Addressing issues as to how existing international law and international humanitarian law, including the principles of humanity, necessity, proportionality and distinction, apply to the use ICTs by States is necessary to increase accountability and transparency. International humanitarian law is fully applicable in cyberspace and this should not be misunderstood as legitimising the use of force between states in the cyber domain. The EU has typically opposed calls for the need to adapt existing international law as a means to develop a new legal instrument for cyber issues.
Peru stresses the need to make a distinction between 'cyber attacks' (which involve 'damage being caused to a militarily relevant target, which may be totally or partially destroyed, even captured or neutralised') and an 'abrupt disruption of communications in cyberspace', i.e. cyber operations that cause inconvenience, even extreme inconvenience, but not direct injury or death, or destruction of property. Accordingly, Peru emphasises the determination of the legality of cyber operations in the context of the use of force by taking into account whether they may result in death or injury to persons or property.
Peru has noted the difficulty of attribution in cyberspace. Coinciding with other American states, Peru has focused on the state's duty to ensure that its territory is not used by non-state actors to launch attacks. In this regard, Peru states that the inertia of a state towards a non-state actor that could unleash a cyber-attack on another state and that it was in a position to control could make its behaviour attributable to the state.
In any case, Peru highlights the validity of various human rights in cyberspace, including 'the right to privacy and intimacy, freedom of information, freedom of expression, free and equal access to information, bridging the digital divide, intellectual property rights, free flow of information, the right to secrecy of communications'. India has assumed a stance of strategic ambiguity on the proliferation of norms for responsible state behaviour in cyberspace, positioning itself as a ‘bridge builder’ between the two camps that have emerged during multilateral cyber norm negotiations.
Its insistence on an enhanced role for intergovernmental institutions (such as the ITU) and its oscillating allegiance to the two polarised factions largely reflect the country’s long-standing focus on Westphalian sovereignty and the consequent belief in the primacy of the state as an actor in international affairs. This brings India to a certain degree of alignment with sovereignty-focused countries like China and Russia in the context of norm-building debates.
At the second substantive session of the Open-Ended Working Group (OEWG), India argued that voluntary norms do not necessarily increase the predictability of state behaviour within the ICT environment, but was not openly against the adoption of new voluntary norms; for instance, the country proposed the adoption of a new norm on refraining from weaponisation and offensive uses of ICTs along with countries like Iran, Cuba, and Nigeria. Since 2014, the EU’s ambition has been to act as an ‘honest broker’ on multilateral discussions surrounding issues of cyber governance and norms of responsible state behaviour, aiming to ensure the support and partnership of proactive players in the context of the global debate. The EU has long promoted the need for voluntary, non-binding norms. It believes that norms crystallised under the UN GGE process should generally not be revisited and that progress should be made on matters relating to their implementation.
Within the OEWG, the EU advanced a suggestion to develop a global repository of existing practice within the United Nations, which would enable UN member states to showcase how they are implementing the voluntary norms of responsible state behaviour, confidence building and other measures.
Peru has noted the difficulty of attribution in cyberspace. Coinciding with other American states, Peru has focused on the state's duty to ensure that its territory is not used by non-state actors to launch attacks. In this regard, Peru states that the inertia of a state towards a non-state actor that could unleash a cyber-attack on another state and that it was in a position to control could make its behaviour attributable to the state.
In any case, Peru highlights the validity of various human rights in cyberspace, including 'the right to privacy and intimacy, freedom of information, freedom of expression, free and equal access to information, bridging the digital divide, intellectual property rights, free flow of information, the right to secrecy of communications'. India has assumed a stance of strategic ambiguity on the proliferation of norms for responsible state behaviour in cyberspace, positioning itself as a ‘bridge builder’ between the two camps that have emerged during multilateral cyber norm negotiations.
Its insistence on an enhanced role for intergovernmental institutions (such as the ITU) and its oscillating allegiance to the two polarised factions largely reflect the country’s long-standing focus on Westphalian sovereignty and the consequent belief in the primacy of the state as an actor in international affairs. This brings India to a certain degree of alignment with sovereignty-focused countries like China and Russia in the context of norm-building debates.
At the second substantive session of the Open-Ended Working Group (OEWG), India argued that voluntary norms do not necessarily increase the predictability of state behaviour within the ICT environment, but was not openly against the adoption of new voluntary norms; for instance, the country proposed the adoption of a new norm on refraining from weaponisation and offensive uses of ICTs along with countries like Iran, Cuba, and Nigeria. Since 2014, the EU’s ambition has been to act as an ‘honest broker’ on multilateral discussions surrounding issues of cyber governance and norms of responsible state behaviour, aiming to ensure the support and partnership of proactive players in the context of the global debate. The EU has long promoted the need for voluntary, non-binding norms. It believes that norms crystallised under the UN GGE process should generally not be revisited and that progress should be made on matters relating to their implementation.
Within the OEWG, the EU advanced a suggestion to develop a global repository of existing practice within the United Nations, which would enable UN member states to showcase how they are implementing the voluntary norms of responsible state behaviour, confidence building and other measures.
The Personal Data Protection Law N° 29733 (PDPL) was enacted in June 2011. In March 2013, the Supreme Decree N° 003-2013-JUS-Regulation of the PDLP (Regulation) was published in order to develop, clarify and expand on the requirements of the PDPL and set forth specific rules, terms and provisions regarding data protection.
Together, the PDLP and its Regulation are the primary data protection laws in Peru.
As of 2021, Peru approved the Bill that creates the National Authority for Transparency, Access to Public Information and Protection of Personal Data.
Peru possesses a Digital Trust Framework, as a means to establish certain obligations for public or private entities acting as digital service providers. These include reporting when a digital security incident involving personal data occurs, as well as implementing technical, organisational, and legal security measures to guarantee the confidentiality of information transmitted through its communications services.
Over the last decades, the Peruvian state has made efforts to promote digital transformation, both within its institutions and in the services it offers to citizens and has outlined a Digital Agenda in 2021 for Digital Transformation.
In matters related to cyber resilience, India has proven to be an active proponent of bilateralism. It has initiated cyber dialogues with actors like the US, the UK, Russia, Malaysia, the EU, and ASEAN, all of which include capacity-building elements. Internationally, the country has also been especially vocal on the need to establish cooperative mechanisms for developing and implementing bilateral, regional, and global confidence-building measures (CBMs).
In the context of multilateral fora, India has many a time reiterated that the issue of supply chain protection enjoys particular significance for them, especially in relation to ‘trust and trusted sources’ when it comes to preferring suppliers of ICT products and systems. It has also noted that capacity building actually goes beyond what is being dealt with under international security and is inherently tied to discussions on international legal instruments on cyberspace, where all states are equal and have the capacity to discuss legitimate matters under the auspices of the UN. The EU places great importance on cyber resilience and capacity building. Internally, the Union has built a robust legal acquis in relation to the resilience of critical infrastructures, the cornerstone of which rests upon the 2016 Network and Information Security (NIS) Directive and the 2013 and 2019 Cybersecurity Acts. This legal meshwork seeks to integrate cybersecurity into all elements of the supply chain and introduce soft law mechanisms like the EU cybersecurity certification scheme. In doing so, it harmonises national cybersecurity capabilities, cross-border collaboration and the supervision of critical sectors across the EU.
In the coming months, the Commission intends to add upon the existing cyber-acquis by introducing an array of new initiatives, such as the updated NIS Directive (the so-called NIS2), a proposal on a Critical Entities Resilience (CER) Directive, and a plan to launch a network of Security Operations Centres across the Union. The aim is to create a Union-wide ‘cybersecurity shield’ that will facilitate the detection of cyberattacks and provide an impetus for proactive action.
This internal buildup of capabilities is supplemented by the development of a specialised ‘cyber diplomacy toolbox’ that allows the Union and its Member States to address cyber incidents through various joint policies, from cooperation and stabilisation measures to restrictive measures and attribution.
Together, the PDLP and its Regulation are the primary data protection laws in Peru.
As of 2021, Peru approved the Bill that creates the National Authority for Transparency, Access to Public Information and Protection of Personal Data.
Peru possesses a Digital Trust Framework, as a means to establish certain obligations for public or private entities acting as digital service providers. These include reporting when a digital security incident involving personal data occurs, as well as implementing technical, organisational, and legal security measures to guarantee the confidentiality of information transmitted through its communications services.
Over the last decades, the Peruvian state has made efforts to promote digital transformation, both within its institutions and in the services it offers to citizens and has outlined a Digital Agenda in 2021 for Digital Transformation.
In matters related to cyber resilience, India has proven to be an active proponent of bilateralism. It has initiated cyber dialogues with actors like the US, the UK, Russia, Malaysia, the EU, and ASEAN, all of which include capacity-building elements. Internationally, the country has also been especially vocal on the need to establish cooperative mechanisms for developing and implementing bilateral, regional, and global confidence-building measures (CBMs).
In the context of multilateral fora, India has many a time reiterated that the issue of supply chain protection enjoys particular significance for them, especially in relation to ‘trust and trusted sources’ when it comes to preferring suppliers of ICT products and systems. It has also noted that capacity building actually goes beyond what is being dealt with under international security and is inherently tied to discussions on international legal instruments on cyberspace, where all states are equal and have the capacity to discuss legitimate matters under the auspices of the UN. The EU places great importance on cyber resilience and capacity building. Internally, the Union has built a robust legal acquis in relation to the resilience of critical infrastructures, the cornerstone of which rests upon the 2016 Network and Information Security (NIS) Directive and the 2013 and 2019 Cybersecurity Acts. This legal meshwork seeks to integrate cybersecurity into all elements of the supply chain and introduce soft law mechanisms like the EU cybersecurity certification scheme. In doing so, it harmonises national cybersecurity capabilities, cross-border collaboration and the supervision of critical sectors across the EU.
In the coming months, the Commission intends to add upon the existing cyber-acquis by introducing an array of new initiatives, such as the updated NIS Directive (the so-called NIS2), a proposal on a Critical Entities Resilience (CER) Directive, and a plan to launch a network of Security Operations Centres across the Union. The aim is to create a Union-wide ‘cybersecurity shield’ that will facilitate the detection of cyberattacks and provide an impetus for proactive action.
This internal buildup of capabilities is supplemented by the development of a specialised ‘cyber diplomacy toolbox’ that allows the Union and its Member States to address cyber incidents through various joint policies, from cooperation and stabilisation measures to restrictive measures and attribution.
Peru’s signature and ratification of the Budapest Convention on Cybercrime, which is the only binding international instrument dealing with cybercrime, was a great step towards advancing a cyber agenda.
In 2019, Peru passed a Cyber Defence Act, with the objectives of defending and protecting sovereignty, national interests, critical national assets and key resources to maintain national capabilities against threats or attacks in and through cyberspace, when these affect national security.Peru has also passed a Cybersecurity Framework for the private sector, with the objective of identifying and protecting information assets, detecting security events, and providing for response and recovery from cybersecurity incidents.
In this context, there are more and more reports of cybercrime in the country. According to data from the Public Prosecutor's Office, in 2021 they received 18,596 reports of cybercrime cases, which represents a percentage increase of 92.9% compared to 2020, with phishing and ransomware being the most common attacks.
Under the auspices of the OEWG, India has highlighted the need for “real-time cooperation between government agencies” in combatting cybercrime, cyberterrorism, and cyber threats more widely. To date, however, India has not signed any international cybercrime agreement. It voted in favour of a Russia-sponsored UNGA Resolution calling for the establishment of a separate cybercrime treaty.
Despite having brought its legal framework largely in alignment with the Budapest Convention, India remains a non-party because the document was drafted without the country’s participation, thus rending the treaty discriminatory. Another big objection has been raised on the basis of section 32.b, which gives intelligence agencies trans-border access to data for the purposes of criminal investigations with lawful and voluntary consent - a concern shared by Russia.
It has also been argued that the Mutual Legal Assistance (MLA) regime under Budapest is not effective, as it does not commit states to a firm promise of cooperation; from the perspective of the Indians, it would be preferable to replace this regime with a UN-driven process. The EU has been an early champion of the Budapest Convention signed under the auspices of the Council of Europe, given the overlapping membership of the two organisations. Much of the EU’s cyber diplomatic efforts have focused on promoting the Convention as the main instrument of choice for fighting cybercrime on a global level. EU member states have consistently opposed Russian bids for replacing this regime with another legal framework.
The Union is represented in the recently constituted Ad Hoc Committee established by UNGA resolution 74/247 by its Member States and is currently focused on ensuring that the process is inclusive, transparent, consistent with the progress of the UNGGE and OEWG processes, and committed to legal consistency.
In 2019, Peru passed a Cyber Defence Act, with the objectives of defending and protecting sovereignty, national interests, critical national assets and key resources to maintain national capabilities against threats or attacks in and through cyberspace, when these affect national security.Peru has also passed a Cybersecurity Framework for the private sector, with the objective of identifying and protecting information assets, detecting security events, and providing for response and recovery from cybersecurity incidents.
In this context, there are more and more reports of cybercrime in the country. According to data from the Public Prosecutor's Office, in 2021 they received 18,596 reports of cybercrime cases, which represents a percentage increase of 92.9% compared to 2020, with phishing and ransomware being the most common attacks.
Under the auspices of the OEWG, India has highlighted the need for “real-time cooperation between government agencies” in combatting cybercrime, cyberterrorism, and cyber threats more widely. To date, however, India has not signed any international cybercrime agreement. It voted in favour of a Russia-sponsored UNGA Resolution calling for the establishment of a separate cybercrime treaty.
Despite having brought its legal framework largely in alignment with the Budapest Convention, India remains a non-party because the document was drafted without the country’s participation, thus rending the treaty discriminatory. Another big objection has been raised on the basis of section 32.b, which gives intelligence agencies trans-border access to data for the purposes of criminal investigations with lawful and voluntary consent - a concern shared by Russia.
It has also been argued that the Mutual Legal Assistance (MLA) regime under Budapest is not effective, as it does not commit states to a firm promise of cooperation; from the perspective of the Indians, it would be preferable to replace this regime with a UN-driven process. The EU has been an early champion of the Budapest Convention signed under the auspices of the Council of Europe, given the overlapping membership of the two organisations. Much of the EU’s cyber diplomatic efforts have focused on promoting the Convention as the main instrument of choice for fighting cybercrime on a global level. EU member states have consistently opposed Russian bids for replacing this regime with another legal framework.
The Union is represented in the recently constituted Ad Hoc Committee established by UNGA resolution 74/247 by its Member States and is currently focused on ensuring that the process is inclusive, transparent, consistent with the progress of the UNGGE and OEWG processes, and committed to legal consistency.
