Sim Swapping como Variante del Delito de la Violación a la Intimidad E Integrante de otras Infracciones Penales

Abstract

SIM Swapping is a computer crime that lies in the impersonation of the SIM card, allows gaccess to the information contained in the victim’s telephone, such as virtual banking, social networking, and photographs. The objective of this investigation is to identify SIM Swapping as a variant of the crime of violation of privacy and a member of other criminal offenses that are typified in the Comprehensive Organic Criminal Code of Ecuador. Mainly, we must focus on answering the following question: does the lack of typification of SIM Swapping within the COIP violate the legal security of citizens? For this, qualitative research of analytical and descriptive scope has been carried out while gathering the theoretical support in the respective review of bibliographic references and doctrine related to this topic. In addition, an exhaustive analysis has been performed out regarding the infringement contest that derives from this computer crime. Our aim is to publicize the magnitude and expose the risk that we find ourselves in while hoping that it will give due attention from a legal perspective. We hope to sufficiently expose these computer crimes and inform citizens how to prevent being victims of these acts and their legal means of protection.