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The highest domestic court in Uruguay has held that communications interception does not violate neither constitutional protections for freedom of expression nor independent provisions addressing personal privacy under specific circumstances.

Since 2014, the government has used an electronic surveillance system called “El Guardián,” which was developed by a private firm in Brazil in order to centralize and streamline the operation of over 20 interception systems that were previously operating alongside each other.

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.

Traditionally, the confidentiality of communications is protected under the right to privacy.

In exceptional cases, the interception of communications is allowed.

Therefore, the affected individual won't be notified until the hearing takes place.The competent Judge shall be in charge of selecting the material to be used in the case and the material to be discarded.The latter should have no relation to the evidentiary object.This article indicates: The implementation of electronic surveillance shall be ordered by the Judge of the investigation upon the request of the Public Ministry.The development and collection of evidence shall be verified by the competent Judge.

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