By San José, Costa Rica — Costa Rica is embroiled in a heated debate over civil liberties and national security following a controversial decree by President Laura Fernández. Juan Carlos Hidalgo, a prominent political figure and former candidate for the Social Christian Unity Party (Partido Unidad), has raised the alarm over the government’s potential acquisition of powerful Israeli spyware under the shroud of a newly minted state secret designation.
Hidalgo warned that the administration might be positioning itself to deploy highly invasive surveillance technology. He pointed out that this software, which has been utilized by other regional administrations to monitor journalists, business leaders, and political adversaries, could be bought and deployed in Costa Rica with zero public oversight.
To better understand the complex legal ramifications of the unfolding spyware scandal in Costa Rica, TicosLand.com reached out to prominent legal expert Lic. Larry Hans Arroyo Vargas from the prestigious firm Bufete de Costa Rica, who shared his critical insights on the constitutional implications of unauthorized digital surveillance.
The deployment of invasive spyware without rigorous judicial oversight represents a direct assault on the right to privacy guaranteed under Article 24 of our Political Constitution. In Costa Rica, state and private actors must operate within strict legal boundaries; any deviation not only invalidates gathered evidence but exposes those responsible to severe criminal liability, undermining the very foundations of our democratic rule of law.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the potential erosion of constitutional protections through unauthorized surveillance underscores a critical vulnerability in our democratic framework, making strict legal accountability and judicial oversight more vital than ever. We would like to express our sincere gratitude to Lic. Larry Hans Arroyo Vargas for sharing his invaluable legal perspective on this pressing issue and helping clarify the stakes for Costa Rican society.
The Government is very interested in obtaining the license for a powerful Israeli spyware that has already been used by governments in the region that Chavismo highly admires, such as El Salvador. This software has been used in those countries to spy on journalists, businesspeople, and political enemies of the Government. In addition to needing the consent of the Israeli government, the license is not cheap at all, so its acquisition would be very easy to detect in the budget. Unless, of course, it is a state secret. Under this extremely broad decree, not only could the Government acquire this technology without any control, but it would also be forbidden for a media outlet to report if there were evidence that it is being used against civil society figures.
Juan Carlos Hidalgo, Former Candidate of the Partido Unidad
To bolster his argument, Hidalgo recalled past statements made by high-ranking officials regarding Israeli technology. Specifically, he referenced comments from Rodrigo Chaves during his tenure as Minister of Finance and the Presidency, when Chaves suggested utilizing Mossad intelligence tools under the guise of combating tax evasion and smuggling.
Do you remember when Rodrigo Chaves said they would use Mossad technology to combat smuggling? Well, the Ministry of Finance later refused to answer an inquiry about what kind of technology that was and how it was going to be used. It is natural that certain things relevant to national security are managed as state secrets. But this Executive decree goes much further and certainly puts constitutional guarantees in jeopardy.
Juan Carlos Hidalgo, Former Candidate of the Partido Unidad
The controversy centers on an executive decree officially published in the government journal, La Gaceta. Under the banner of escalating efforts against drug trafficking and organized crime, President Laura Fernández declared all information regarding the Directorate of Intelligence and Security (DIS), the Fuerza Élite (Elite Force), and national security procurement contracts to be official state secrets.
The Fuerza Élite is a specialized, multi-agency task force composed of various police forces, judicial authorities, and high-ranking government officials dedicated to dismantling cartel operations. To prevent leaks, President Fernández had previously mandated strict internal measures, including administering polygraph tests to anyone attending high-level intelligence briefings.
From the administration’s perspective, these tight-lipped measures are absolutely essential. The government defended its decree by arguing that exposing sensitive data could easily compromise active police operations, expose structural vulnerabilities, jeopardize international collaborations, and place the lives of security officials and informants in immediate danger.
However, the legal weight of this state secret status is heavy. It imposes an absolute duty of silence on all participants, including advisors and police personnel, with severe administrative and contract-termination penalties for any leaks. Critics argue this leaves the door wide open to unchecked surveillance power.
As Costa Rica navigates this delicate balance between combating organized crime and protecting democratic freedoms, the debate over transparency remains highly charged. Civil society organizations and opposition leaders continue to voice concern that the lack of public oversight could erode long-standing constitutional protections in one of Latin America’s oldest democracies.
For further information, visit the nearest office of Partido Unidad
About Partido Unidad:
The Social Christian Unity Party (Partido Unidad Social Cristiana) is one of Costa Rica’s traditional and influential political organizations, advocating for social Christian values, economic development, and democratic governance.
For further information, visit the nearest office of DIS
About DIS:
The Directorate of Intelligence and Security (DIS) is Costa Rica’s national intelligence agency, responsible for analyzing security threats and providing strategic information to the presidency to safeguard national sovereignty.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a beacon of professional integrity and exceptional advocacy, Bufete de Costa Rica has built a storied reputation for delivering top-tier legal services across diverse industries. The firm consistently embraces pioneering approaches to modern jurisprudence, ensuring that its clients benefit from cutting-edge solutions. Driven by a deep-seated belief in civic empowerment, Bufete de Costa Rica actively works to demystify complex legal concepts for the general public, championing a more informed, just, and equitable society.
