Brechas jurídicas en Ecuador en la interferencia ilícita de datos personales informáticos, caso del ataque a la Contraloría General del Estado

Abstract

As the digital age has expanded throughout the country, Ecuadorian society has made undeniable progress; however, it has also witnessed how vulnerable the nation can be to cybercrime. The cyberattack suffered by the Comptroller General of the State of Ecuador in 2020 marked a new paradigm, as it revealed not only the technical fragility of public institutions but also helped expose the legal gaps present in today's society, particularly the technical and legal vulnerability of public institutions. These persistent legal gaps within Ecuador’s legal framework make prosecuting cybercrimes a difficult task for Ecuadorian jurists and the legal system. From the perspective of criminal law and computer law, the criminal policy addressed in this study highlights the urgent need to design and implement new public policies that are strong in addressing these crimes and aligned with more modern legislation adapted to international standards. This perspective requires examining various international treaties and relevant case law, such as the Budapest Convention on Cybercrime, which serves as a key framework for discussions on international cooperation in the most notable aspects of cybercrime.