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Title: Implementación de la identificación de usuarios, terminales o dispositivos de conectividad sin autorización judicial en la normativa peruana
Author: Jara Luna, Juan Carlos
Tutor: Varona Jiménez, Alberto
Others: Balcells Magrans, Marc
Keywords: technological research measures
comparative analysis
article 588 ter m
personal data protection law
Issue Date: 17-May-2022
Abstract: This research work seeks, from a comparative perspective, a reference for a better approach to the new paradigm of cybercrime. Specifically, it focuses on the technological investigation measures of the Kingdom of Spain, which occurred as a result of the reform operated by Organic Law 13/2015, since Peruvian legislation does not currently have a specialized procedural rule to investigate this type. of criminality. For the purposes of this investigation, of the wide range of measures, to start the journey, it was considered convenient to delve into that contained in article 588 ter m, referring to the identification of holders, terminals or connectivity devices without it being necessary that judicial authorization is issued, since the Republic of Peru does not have an adequate procedural mechanism to obtain primary and direct information from communication service providers about the identity of its users. As can be seen, the analysis of this measure makes it possible to address different fronts, from the constitutional implications (right to secrecy and inviolability of communications, privacy and informative self-determination), procedural (Criminal Procedure Law - Spain and Criminal Procedure Code -Peru); and specific to the matter (Personal Data Protection Law -Spain and Peru, OSIPTEL - Peru, etc). As well as, propose a regulatory reform in the criminal procedure field or, at least, a change of criteria by the justice operators, in the treatment of this type of measures.
Language: Spanish
Appears in Collections:Trabajos finales de carrera, trabajos de investigación, etc.

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