Draft bill 66.

Summary.

The draft bill concerns the protection of victims’ privacy against the unauthorized capture and dissemination of sensitive images. Its legislative mechanism is to add provisions to the Criminal Code (Código Penal). The subject announced in its title covers two acts involving such images: capturing them without authorization and disseminating them without authorization. Its reference to victims identifies the privacy of affected persons as the interest the initiative seeks to protect. The proposal takes the form of an amendment to the criminal statute through the addition of articles identified by number.

Article 2 proposes adding Articles 166-B, 166-C, 166-D, 166-E and 166-F to the Criminal Code. These five designations identify the provisions that would become part of the Criminal Code if the draft bill completed the legislative process. The operation set out in the article is an addition: it lists the new components of the criminal statute and expressly links them to that statute. The amendment would therefore be located in the Criminal Code, while the proposed numbering would distinguish each added article. The addition of Articles 166-B through 166-F is the change to existing legislation contained in Article 2.

The proposal connects that addition with victims’ privacy in relation to sensitive images. Capture concerns the point at which an image is obtained; dissemination concerns its subsequent circulation. In both instances, the title links the subject to the absence of authorization. The persons within the subject matter are victims whose privacy the initiative seeks to protect and persons who capture or disseminate sensitive images without authorization. Placing the proposed provisions in the Criminal Code gives this subject a criminal law setting. Article 2 brings the five designated articles together in a single addition to that Code.

Article 3 establishes when the law resulting from the draft bill would take effect: three months after its promulgation. The period runs from promulgation and applies to the proposed amendment to the Criminal Code. This commencement provision closes the supplied operative text and fixes when the articles proposed for addition would begin to operate.

The related statute is the Criminal Code, which the draft bill expressly identifies as the recipient of the added articles. Given its subject, the proposal could concern victims of the unauthorized capture or dissemination of sensitive images, persons engaging in those acts, and sectors involved in obtaining and circulating images. It also relates to the public bodies responsible for processing the legislative amendment and for applying criminal provisions once they take effect.