Draft bill 39.

Summary.

The draft bill proposes adding two final paragraphs to Article 387 of the Criminal Code (Código Penal) of the Republic of Panama (República de Panamá). The first would increase the penalty provided for in that article by one third to one half when physical force, a threat, or intimidation against a witness, expert, interpreter, or translator is carried out through the unlawful use, dissemination, publication, or exposure of personal data or sensitive personal data. The provision connects that use of data to the purpose of threatening or intimidating any of those persons. It therefore makes the manner in which the data is used relevant to the penalty for conduct covered by Article 387.

The second proposed paragraph of Article 387 would increase the penalty by one half to two thirds when the person making the threat or engaging in intimidation uses personal data or sensitive personal data knowing its unlawful origin. The stated circumstances concern data obtained through intentional and unlawful disclosure, transfer, or facilitation by a public servant or an officer assisting the administration of justice. This increase addresses the person who uses the data to threaten or intimidate. It links the increase to the source of the information and to the perpetrator’s knowledge of that source.

Article 2 proposes adding the same two final paragraphs to Article 387-A of the Criminal Code of the Republic of Panama. For the penalty provided for in that article, it would establish an increase of one third to one half if physical force, a threat, or intimidation directed at a witness, expert, interpreter, or translator is carried out through the unlawful use, dissemination, publication, or exposure of personal data or sensitive personal data for the purpose of threatening or intimidating that person. It would also increase the penalty by one half to two thirds if the perpetrator uses data knowing its unlawful origin, where the data was obtained through intentional and unlawful disclosure, transfer, or facilitation by a public servant or an officer assisting the administration of justice.

Article 3 expressly identifies the amendment as the addition of final paragraphs to Articles 387 and 387-A of the Criminal Code of the Republic of Panama. Article 4 provides that the proposed law would take effect on the day following its promulgation. The provisions concern the participation of witnesses, experts, interpreters, and translators in the justice system; the public servants and officers assisting the administration of justice identified as possible sources of the data; and the handling of personal data and sensitive personal data.