Análisis del delito de violación de datos personales (Artículo 269F del código penal) Desde una perspectiva constitucional

Content Provider	Semantic Scholar
Author	Cano, S. Ayllón Felipe, David
Copyright Year	2016
Abstract	The theme of this academic thesis in the area of Law develops directly from a constitutional perspective safeguarding article 15 of the Colombian Constitution, as it is the fundamental right to privacy and good name; analyzing and contrasting the design of the offense established in article 269F of the Colombian Penal Code (Violation of personal data), which Congress implemented by Law 1273 in 2009. In the XXI century, the era of information technology and communications, Colombian and global society are exposed electronically to computer risks and the urgent need to protect all digital databases or virtual databases that contain personal information or personal data. Due to this threat, it is necessary to protect the fundamental constitutional right enshrined in Article 15 of the Constitution of 1991 (Right to privacy, Good Name, Habeas Data, Confidentiality of correspondence and private documents) not only because it is the basis of information existence, containing intimate and personal information, but can effectively protect the existing and continuing possibility of sabotage and/or computer fraud. Today´s reality proves the existence of highly intelligent, skilled, seasoned, experienced and capable criminals who illegally seize and rob information contained in information systems, and use it to their advantage or to that of a third party. This results in the deterioration of the fundamental rights of the victim (criminal passive subject); and therefore commits offenses prescribed in Article 269F of the Penal Code, which stipulates a prison sentence and a fine for anyone who violates laws that pertain to illegal retrieval of personal data. Therefore, the criminal legal and constitutional instruments combined should be utilized to ensure the safeguarding, integrity and proper protection of information and data of all human beings that make up Colombian society.
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Alternate Webpage(s)	https://repository.unilibre.edu.co/bitstream/handle/10901/9778/S%C3%A1nchez_Cano_2016.pdf?isAllowed=y&sequence=1
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article