El Salvador recently enacted two cybersecurity and data protection laws, which the government claims protect personal information. However, Human Rights Watch (HRW) warns that these El Salvador Cybersecurity laws threaten press freedom, free speech, and privacy.
What Are the New Laws?
The laws establish a State Cybersecurity Agency with broad powers over data protection and cybersecurity enforcement. The government argues these measures are necessary for national security. However, critics say they give the state excessive control, enabling censorship and oppression.
A particularly controversial provision is the “right to be forgotten” clause. It allows individuals to request the removal of online content deemed “inaccurate, irrelevant, outdated, or excessive.” Although this may seem beneficial, HRW warns it could force media outlets to delete investigative reports or critical articles about officials. Without clear safeguards, this law could erase politically inconvenient information.
How Could These Laws Be Abused?
HRW highlights several key concerns:
- Threat to Press Freedom: The government may pressure journalists to remove articles exposing corruption or misconduct. Independent media outlets could also face legal threats for refusing to comply.
- Silencing Civil Society: Activists and organizations may receive penalties for publishing content critical of the government. Reports on human rights violations could disappear, distorting historical records.
- Government Surveillance: Authorities have exemptions from some data protection rules when addressing “security, public defense, and crime prevention.” This loophole could justify mass surveillance, allowing the state to monitor citizens without oversight.
- Lack of Oversight: A presidential appointee leads the cybersecurity agency, raising concerns about accountability. Without independent regulation, officials could misuse these laws.
- Criminalization of Dissent: Officials may broadly interpret the laws to charge individuals with “disrupting national security” through online content. Whistleblowers, journalists, and ordinary citizens expressing dissent on social media could become targets.
A Pattern of Growing Authoritarianism?
El Salvador’s government has already faced criticism for tightening control over institutions and cracking down on dissent. President Nayib Bukele’s administration replaced Supreme Court judges, weakened judicial independence, and consolidated power over security forces. These cybersecurity laws appear to be part of a larger strategy to suppress opposition and shape public perception.
In 2022, investigative reports revealed that authorities had hacked the phones of journalists and activists using Pegasus spyware, a tool commonly linked to government surveillance. Although the Salvadoran government denied involvement, experts suspect it used the spyware to track critics. These new laws could legalize digital repression, making it even harder for the press and civil society to operate freely.
This issue reflects a larger trend in Latin America, where governments increasingly use legal tactics to restrict press freedom and silence critics. From Mexico to Argentina, journalists and activists face growing hostility. Consequently, laws like these could set a dangerous precedent, allowing cybersecurity regulations to justify mass surveillance and censorship.
What Can Be Done?
International organizations, media watchdogs, and civil rights groups are urging greater scrutiny of El Salvador’s cybersecurity laws. HRW and other advocates call for:
- Independent oversight of the cybersecurity agency to prevent misuse of power.
- Stronger safeguards to ensure the “right to be forgotten” does not suppress journalism or erase public records.
- Greater transparency in how the laws are enforced, including public reports on data removal requests.
- International pressure from the United Nations, the Organization of American States (OAS), and human rights courts to uphold democratic standards.
- Support for independent journalism and civil society through funding, legal aid, and digital security measures to counteract repression.
Conclusion
El Salvador’s cybersecurity and data protection laws are essential in the digital age, but they should not come at the expense of fundamental freedoms. If left unchecked, El Salvador’s new laws could become tools for government control rather than public protection. By concentrating power in state authorities and allowing vague interpretations of national security, these laws threaten democracy and human rights.
El Salvador Cybersecurity laws must be closely examined, as they could undermine free speech, press freedom, and privacy rights. Therefore, the international community must act. Holding the Salvadoran government accountable will help prevent these laws from opening the door to authoritarianism. Ultimately, the global response will shape the future of democracy and digital rights in the region.
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