Dominican RepublicHigh-Technology Crimes Law, Service Provider Data Retention and Preservation Orders
In force since .
A computer misuse rule binding public and private bodies.
- Obligation class
- Retention
- Audit expectation
- on_request
- Who audits it
- Regulator
As of .
What it requires
- If you provide a service to users as a service provider, such as an internet service provider, keep traffic, connection and access data, and any other information that may be useful to an investigation, for at least 90 days.
- Preserve and keep intact an information system, or any of its components, that a competent authority orders you to preserve, for up to 90 days, renewable for successive periods, and supply the data you hold about a user when the authority orders it.
These lines are LexLint's reading of the law's text, as of .
What it makes you log
Who may demand the log
Regulator
What the log must hold
Access record
Log retention
Article 56 sets a minimum of 90 days and no maximum. A preservation order under article 54(b) runs for up to 90 days and may be renewed for successive periods.
- Unit
- Days
- As of
- Basis
- Fixed
- Minimum value
- 90
Logging duty
Article 56 requires service providers to keep traffic, connection and access data, or any other information that may be useful to an investigation, for a minimum of 90 days, and it binds every provider with no condition on the kind of system or data. Article 54(b) lets the competent authority order any person to preserve and maintain the integrity of an information system or its components for up to 90 days, renewable, which is a demand power and not a standing duty; articles 54(a) and 54(d) let it order delivery of information and of a provider's data about a user. The text does not define a service provider beyond naming internet service providers in article 54(d), lists no fields of the data to be kept, and states no penalty for a provider that does not keep it. The contents list carries the access record only, because traffic and connection data and the catch-all for information useful to an investigation have no separate value.
- Kind
- Explicit
- As of
- Provision
- Ley No. 53-07, art. 56 (traffic, connection and access data kept at least 90 days), with art. 54(b) (preservation order of up to 90 days, renewable) and art. 54(a) and (d) (orders to hand over information and a user's data)
- Trigger
- all_systems
What this law does
Article 56 of Law 53-07 requires service providers to keep traffic, connection and access data, or any other information that may be useful to an investigation, for a minimum period of 90 days. The Dominican Institute of Telecommunications (INDOTEL) was to create a regulation on the procedure for obtaining and preserving data and information from service providers within six months of the Law's promulgation.
Article 54(b) empowers the competent authority to order a natural or legal person to preserve and maintain the integrity of an information system or any of its components for up to 90 days, an order that may be renewed for successive periods. Article 54(d) also empowers the competent authority to order a service provider, including an internet service provider, to supply the data it holds about a user.
Article 53 directs the competent authorities to act with the speed required to preserve data held in an information system or its components, or the system's traffic data, mainly where the data is vulnerable to loss or modification. Article 66 provides that the Law takes effect from the date of its publication. Gaceta Oficial 10416, which publishes the Law, is dated .
When LexLint raises it
When your app profile says your app provides telecom services.