A report by Venezuelan NGO Espacio Público revealed that the unlawful access to personal data in Venezuela find support in public resources and State entities that engage in information theft practices, which indicates the participation of the State in illicit activities

No law on personal data protection or structural policies that comprehensively address the right to data protection exists in Venezuela, according to a report on privacy and personal data presented by Espacio Público, a Venezuelan civil association that promotes and defends the right to information.

Even though the National Constitution contemplates the right to privacy and the right of people “to access information and data about themselves or their assets on public or private records”, the investigation indicates that these provisions are “disaggregated” and are not part of a “comprehensive corpus that ensures the guarantees associated with data protection”.

Also, the report underlines that the scarce legislation related to data protection is “restrictive”, establishes “punitive” sanctions and, in many cases, its interpretation is “altered” to “promote persecution”.

The patterns

Marysabel Rodríguez, the coordinator of the Observatory on Freedom of Expression at Espacio Publico, highlighted that the detentions over the use of WhatsApp constitute one of the most frequent patterns of violation of the right to freedom of expression and information, with an impact on privacy and the protection of personal data.

“This was specifically exacerbated during the pandemic in 2020 when we began to register these types of cases for the first time, which affected the people who use this instant messaging application. That is why we include it as a case of personal data privacy because it is not a social media system,” she said.

In this sense, the researcher pointed out that 16 cases of arbitrary arrests over the sharing of content of public interest on WhatsApp were reported in 2020.

“For example, through WhatsApp statuses or group chats, some people have had access to information regarding possible cases of corruption or criticism of public management or the Government, only to be criminalized, detained, or prosecuted afterward,” she explained.

“The most common charge was incitement to hatred, a crime contemplated in the Venezuelan law against hatred and for peaceful coexistence and tolerance, denounced since its inception for being incompatible with the standards on freedom of expression,” the report points out.

In this regard, although the existence of “phone surveillance” could not be proven, Ms. Rodriguez suggests the existence of “certain practices of whistleblowing” in the case of group chats where some people denounce others.

The report highlights that the surveillance and theft of information are another of the practices where the “direct engagement” of public entities is evident.

One outstanding case is the cloning by the public phone operator CANTV of a web page for the registration of people interested in volunteering for the opposition-led National Assembly headed by Juan Guaido in 2019.

Illegal inspection of equipment

Between 2020 and 2021, Espacio Público identified 18 illegal confiscations of equipment, mostly smartphones, by State security forces.

“While working on the street, journalists are intercepted and asked for their equipment, either through intimidation or overt physical threat,” Rodríguez stressed.

Biometric technology

Michel de Souza, director of public policy at Derechos Digitales (Digital Rights), a regional NGO focused on human rights and technology, pointed out the seriousness of the implementation of biometric technology for “social control.”

“We are discussing the concept of techno-authoritarianism and the use of technological tools to promote the massive collection of citizens, NGOs, and press data. These practices invert the logic of the system”, he said during the presentation of the report.

The investigation recalls that fingerprint capture systems have been extended to “enable the exercise of political, economic and social rights” in Venezuela.

“The social use of biometric technologies in Venezuela began in June 2009 with the implementation of the biometric passport. In 2011, it was incorporated into the Venezuelan electoral system, and later into food safety programs,” he added.

In 2015, when the country experienced unprecedented shortages of food, medicine, and other essential items as a result of government price controls, the government implemented the fingerprint capture system to control the sale of these products.

Another questioned element is the Carnet de la Patria State loyalty card, a document with QR codes that “stores a large amount of data and serves as a tool for political and social control.”

“None of these databases is subject to scrutiny or regulation, which gives rise to the probability of discretionary use or could fuel retaliation based on political-partisan assessments,” the text argues.

In her most recent reports, the UN High Commissioner for Human Rights, Michelle Bachelet, has expressed concern about “restrictions on civic space” and in particular about “stigmatization, criminalization, and threats against dissenting voices.” In Venezuela.

However, the Venezuelan government constantly insists that its actions are aimed at protecting the people.

Translated by Jose Rafael Medina