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Regarding communications privacy, Article 28 of the Constitution establishes, in an out-of-date fashion, that: “The papers of private individuals, their correspondence, whether epistolary, telegraphic, or of any other nature, are inviolable, and they may never be searched, examined, or intercepted except in conformity with laws which may be enacted for reasons of public interest.” Uruguay has subscribed and ratified all of these treaties.
However, unlike other countries in the region, human rights treaties are not automatically enacted into national legislation.
This regulation does not require that the person whose communications are under surveillance be notified after the surveillance measure is complete.
Electronic surveillance is also authorized as a means to investigate certain crimes that the law provides for, according to Article 5 of Law 18.494 on the control and prevention of money laundering and financing of terrorism.
The national doctrine refers to the "self-enforceability" of the regulations on human rights; that is, the possibility to effectively rely on these rights even when Parliament or the Executive Branch have not regulated them.
During this period, the communications of many innocent individuals were illegally intercepted for the purpose of quelling political activity.Traditionally, the confidentiality of communications is protected under the right to privacy.In exceptional cases, the interception of communications is allowed.This revelation sparked a reaction among civil society and politicians alike about the software's use, reach, and scope, and the applicable legal framework that would restrict it to what is necessary and proportionate.Uruguay is a country known for its stable legal framework and strong democratic institutions, but surveillance technologies have existed for more than a century in Uruguay, and the lack of a clear legal framework surrounding such technologies leaves great room for improvement.