PANAMA Trends and Developments Contributed by: Inocencio Galindo, Omar Rodriguez, Maria Eugenia Brenes and Joy Paull Torres, Morgan & Morgan
may violate the right to defence and breach the prin - ciple of equality of arms, inherent to the accusatory system. This principle requires that both parties – prosecution and defence – have the same procedural opportu - nities, including access to the necessary means of appeal to challenge judicial decisions. If the prosecu - tor has exceptional powers to keep evidence con - fidential, while the defence sees its right to appeal such decisions in the second instance limited, it may be argued that this creates a regression towards an inquisitorial model that the Panamanian legal system intended to overcome. A system that aspires to be guarantee-oriented cannot be based on investigative asymmetries that privilege the accusing body. On the contrary, it must ensure that every restriction on individual rights is judicially controlled and subject to appeal, thus preserving the balance between prosecutorial effectiveness and the protection of public liberties. Contradictions regarding the qualification and eligibility of experts for the Public Ministry Furthermore, this bill empowers the Public Ministry to dispense with the Institute of Legal Medicine and Forensic Sciences to accredit, through expert opin - ions, the elements of proof required for its case theory. Specifically, within the framework of this General Anti- Corruption Law, it is intended that any official from autonomous entities or even police agents can act as experts, despite the evident hierarchical subordination that characterises said public servants. It should be recalled that probative freedom was con - ceived to balance the faculties of the defence and the prosecution, avoiding procedural asymmetries. Extending this freedom to the prosecution regarding expert opinions could lead to reports lacking techni - cal and legal rigour (even hindering the prosecution). Therefore, it is essential to establish in the bill the parameters of suitability and the required profile for these officials, in order to evaluate whether a modifi - cation of this nature in the Criminal Procedure Code is viable, especially in crimes against the public admin - istration.
The bill requires a comprehensive review to: • clarify ambiguous terms; • ensure conformity with the Constitution and inter - national human rights standards; and • establish clear and balanced mechanisms that do not sacrifice procedural guarantees in the name of effectiveness. It would be advisable to subject it to a broad dialogue with legal, academic and civil society sectors before its approval. Reporting Data Breaches Under Panama’s Law 81 of 2019: Legal Duties and Criminal Implications In an increasingly digital world, the protection of per - sonal data is not just a technical concern but is also a legal and ethical obligation. Panama’s Law 81 of 2019 provides a comprehensive framework for the protec - tion of personal data, including clear procedures for reporting data breaches and guidance on when such incidents may escalate into criminal matters. A data breach occurs when personal information is accessed, disclosed, altered or destroyed without authorisation. This can result from cyberattacks, inter - nal misuse or accidental exposure. Law 81 defines personal data broadly, including sensitive information such as health records, biometric data, and political or religious beliefs. Under Article 2, organisations must adopt technical and organisational measures to ensure data security. If a breach occurs, the data controller or custodian must notify the affected individuals as soon as pos - sible, especially if the breach involves sensitive data. The responsibility to report lies with: • the data controller – the entity that determines the purpose and means of processing personal data; and • the data custodian – the entity that stores and manages the data. Reports should be submitted to the National Authority for Transparency and Access to Information (ANTAI). If the data is regulated by a special law (eg, financial
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