MINISTRY OF SCIENCE, TECHNOLOGY AND TELECOMMUNICATIONS
Figure 2 Topics Treated by the Laws of Costa Rica Concerning Informatics
Crimes
Source: Own Elaboration, 2016.
Legislation on cybernetic crime should consider the national context, international conventions,
mechanisms for enabling inter-institutional and multi-jurisdictional investigation and the greater
complexity of technological advances. Costa Rica has legislation related to informatics crimes;
notwithstanding, as the sophistication of these crimes changes, there should be a process
dedicated to its review and updating to ensure there is the authority necessary to investigate and
process it effectively. Adherence to the Convention on Cybernetic Crime (also known as
Budapest Convention) is a fact and discussions are on the way within of the Judicial Power for
the training of judges and prosecutors in cybernetic crime matters.
However, in achieving those goals, a distinction should be made between the technical capacity
to detect and identify vulnerabilities and the procedural tools necessary so that law
enforcement agencies effectively investigate cybernetic crimes (taking into account the speed
and transient nature of digital data). The roles and responsibilities of the Internet services
suppliers should be considered, as well as any other actor active in cyberspace; also balancing
these actions with the need to respect the fundamental human rights while collecting digital
evidence. So, given the nature of the digital world it’s necessary to count with the corresponding
mechanisms to ensure the periodical review and update of informatics crimes legislation.
- 33 www.micitt.go.cr
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