El delito de violación a la intimidad y la responsabilidad penal de los funcionarios públicos
Since the promulgation of the Constitution of the Republic of Ecuador in 2008, respect for rights has been contemplated to a great extent. The human being as such, is born with rights, duties and obligations, including; the right to personal privacy, honour, good name, image and voice of the individ...
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| Format: | bachelorThesis |
| Jezik: | spa |
| Izdano: |
2023
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| Teme: | |
| Online pristup: | https://dspace.unl.edu.ec/jspui/handle/123456789/26368 |
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Dodaj oznaku | Sažetak: | Since the promulgation of the Constitution of the Republic of Ecuador in 2008, respect for rights has been contemplated to a great extent. The human being as such, is born with rights, duties and obligations, including; the right to personal privacy, honour, good name, image and voice of the individual. As these are constitutional rights inherent to every human being, their due protection is guaranteed, and there is also a sanction for those who infringe them. However, there is currently a problem in relation to the criminalisation of the offence of privacy violation, as this criminal conduct carried out in the sphere of social networks and the virtual community in general is committed, in some cases, by public officials, yet there is no specific sanction for those who, while exercising their functions, carry out these unlawful acts. In this regard, Article 178 of the Organic Integral Penal Code criminalises the offence of privacy violation, which establishes a penalty for persons who disseminate information containing personal data belonging to a third party without their consent or authorisation. However, upon analysing the aforementioned article, it is evident that there is no specific punishment for public officials who, taking advantage of their position, commit this offence, leaving a legal void. Thus, in this research, a study is carried out concerning the right to personal privacy and the crime of privacy violation. Different materials and methods were applied in this research work, which facilitated the development of the investigation. I carried out surveys and interviews with professionals specialising in criminal matters, obtaining results that helped to propose the reform of the Organic Integral Penal Code. |
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