DNI Law: three years in prison for anyone who divulges secret information

The Senate approved the second reading of the organic bill creating the National Intelligence Directorate (DNI) on Thursday. This legislation seeks to protect the country from the threats of terrorism, drug trafficking, money laundering, cyberattacks, corruption, arms trafficking, international crimes, irregular migration, and other illicit activities.

The legislation , based on Article 261 of the Constitution and regulating the National Intelligence System, creates the National Investigations Department, which will be equipped with the tools to prevent these threats.

In this regard, Article 28, referring to criminal sanctions , states that: "Whoever, despite judicial authorization from the competent authority, conceals data or information related to national security, required by the DNI, of which he or she has knowledge, shall be punished with imprisonment of two to three years and a fine of nine to fifteen minimum wages of the public sector."

On the 29th and 30th, they establish a sentence of two to three years in prison and a fine of up to 15 public sector salaries for "anyone who divulges or destroys information subject to official secrecy ," as well as anyone who uses identification documents, usurps, or obstructs the functions of the National Identity Document (DNI).

Powers of the DNI

The DNI's responsibilities include investigating the activities of individuals and groups that threaten national interests and state institutions, without impairing the functions of the Public Prosecutor's Office; gathering relevant information on national security; assessing threats to the constitutional order; and countering the activities of individuals, organizations, or foreign governments that pose risks to national security and sovereignty.

• Other points of the proposed law are that military and police officers assigned to the DNI will receive the benefits and rights of the National Police and the Armed Forces and should not participate in political activities .

The draft bill emerged after the Constitutional Court annulled Law 01-24. It was submitted by Ricardo de los Santos , President of the Senate, and now goes to the Chamber of Deputies for consideration and evaluation.

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