P.R. Laws tit. 3, § 343a

2019-02-20 00:00:00+00
§ 343a. Definitions

For the purposes of the application of this chapter, the following words and phrases shall have the meaning stated below:

(a) Act.— Means the Citizen’s Orientation Office for the Protection of Cyber Privacy and Against Obscenity and Child Pornography in Radio, Television, and the Internet Act.

(b) Office.— Means the Citizen’s Orientation Office for the Protection of Cyber Privacy and Against Obscenity and Child Pornography in Radio, Television, and Internet.

(c) Material.— Means any picture, drawing, photograph, motion picture, film, or other graphic representation; or any aural and/or visual representation, broadcast, rebroadcast, or relayed by cables, electromagnetic waves, computers, digital technology, or any radio and television electronic medium.

(d) Indecent material.— Means any material that crudely or offensively describes, shows, or depicts sexual or physiological activities which do not reach obscene or pornographic levels when considered as a whole by an average person and when contemporary community standards are applied to the communications medium that exhibits, issues, broadcasts, disseminates, publishes or distributes said material.

(e) Obscene material.— Means any material that, when considered as a whole by an average person and when contemporary community standards are applied:

(1) Appeals to lascivious interests, to wit, a morbid interest in nudity, sexuality, or physiological functions; and

(2) represents or describes sexual conduct in a patently offensive manner, and

(3) lacks a true literary, artistic, political, religious, scientific or educational value.

(f) Child pornography.— Means any material that contains sexual conduct that although not considered obscene is performed for, with or in the presence of children under sixteen (16) years of age, as provided in our code of laws in effect.

(g) Director.— Means the head official of the Office created by this chapter.

(h) Secretary.— Means the Secretary of the Department of Consumer Affairs.

(i) Child.— Means any person under sixteen (16) years of age.

(j) Personal information.— Means any name, word, symbol, or number that can be used, by itself or together with any other information, to identify a specific individual, including, but not limited to:

(1) Name and surnames.

(2) Social security number.

(3) Date and/or place of birth.

(4) Marital status.

(5) Gender.

(6) Physical or mailing address.

(7) Zip code.

(8) E-mail address.

(9) Telephone number.

(10) Driver’s license number.

(11) Passport number.

(12) Fingerprint(s).

(13) Voice recordings.

(14) Retinal images.

(15) Any other information that allows for the physical or electronic identification of a natural person.

(k) Internet.— Means the worldwide computer network that connects computers throughout the world. This network allows the user to connect to thousands of computers and access their information.

(l) Cyber privacy.— Means the right of every individual to keep his/her personal information reserved or confidential.

(m) Identity theft.— Means obtaining an individual’s personal information so that unauthorized persons may utilize it to impersonate the affected individual.

History —Aug. 9, 2002, No. 142, § 2; Oct. 7, 2009, No. 112, §§ 2, 3.