The Sandinista deputies of the National Assembly of Nicaragua approved this Thursday, October 31, 2024 the new General Law on Convergent Communications, which has as its main objective to maintain the control and surveillance of the population in general, mainly that of critics of Daniel Ortega’s regime.
The new Telecommunications Act gives direct control of communications to the Nicaraguan Institute of Telecommunications and Post Office (Telcor), the same entity used by the Ortega-Murillo dictatorship to censor independent media.
The recent adoption of this new telecommunications law in Nicaragua represents another maneuver of the regime for the loss of privacy and freedom of information in the country.
The law provides that public service operators and communications providers must provide detailed and georeferenced information to Telcor, the telecommunications regulator, reinforces the state surveillance that the regime maintains over Nicaraguans.
Article 109 of the Act obliges these operators to provide – all information required of them – in a detailed, accurate, true, timely and verifiable manner.
This provision implies that Telcor, led by Nahima Janett Díaz Flores, daughter of the head of the National Police, Francisco Díaz, and the father-in-law of President Daniel Ortega, will have access to sensitive user data, which raises questions about the use that will be given to this information.
The government argues that updating the law is necessary to adapt to the “vertiginous technological advances” and overcome a legal framework they consider “ananchronic.”
However, critics in exile warn that this measure is an attempt by Ortega’s regime to establish tighter control over telecommunications, allowing for more thorough monitoring of both operators and users.
The law not only provides for the supervision of the import of technological equipment by Telcor, but also requires operators to facilitate the geolocation of their users. This regulation is part of the establishment of a control superstructure, where the information of millions of Nicaraguans could be within the reach of the government, said a source who preferred anonymity.
Police force and economic retaliation for companies that do not provide information
In addition, the legislation provides for penalties that can range from 0.5% to 2.5% of operators’ annual gross revenue in the event of infringements. This raises a scenario in which companies, fearful of economic retaliation, could feel pressured to meet government requirements, even if they compromise users’ privacy.
The possibility of using the force of the National Police to carry out inspections at the operator’s premises adds a worrying element about the role of the security forces in the telecommunications sector.
As Nicaragua navigates these legislative changes, civil society and human rights defenders remain on alert, aware that freedom of expression and privacy are at stake in a context where state control seems to increase.
This article has been translated to english after originally appearing in Nicaragua Investica