Las nuevas tecnologías frente al código orgánico integral penal

Abstract

The Internet has experienced exponential growth since its creation in 1969, providing unlimited access to fast and accurate information. This excessive growth of technologies, applications and social networks has also given rise to problems such as the increase in cybercrimes, which has led the right to adapt and create new laws to protect users. This scientific article analyzes the actions that the Comprehensive Organic Criminal Code of Ecuador should incorporate to confront new technologies and protect users. A methodology is used that combines the historical study of law and information technology (ICT), digital research as well as regulations that efficiently regulate data protection. It must be understood that law and information are somehow linked, since information plays a fundamental role in the construction of values and principles in the exercise of human rights. The right of access to public information allows people to form informed opinions, but also seeks to protect privacy and prevent harm to others. In Ecuador within the (COIP), several of these types are sanctioned, but the sanctions are considered insufficient to address the diversity of crimes that are committed daily. In addition, it seeks to incorporate new crimes, such as forgery of electronic signatures, user responsibility, sanctions in the metaverse, card cloning and electronic fraud. In addition, the importance of the Organic Law on Personal Data Protection (LOPDP) is highlighted, enacted in Ecuador on May 21, 2021. This law guarantees the exercise of the right based on what is the right to data protection and center regulations based on principles and duties that are governed to protect data protection.