Datos De Trafico De Comunicaciones Electronicas En El Proceso Penal Juan Jose Gonzalez Lopez pdf lit doc

August 21, 2019

Datos De Trafico De Comunicaciones Electronicas En El Proceso Penal por Juan Jose Gonzalez Lopez

Titulo del libro: Datos De Trafico De Comunicaciones Electronicas En El Proceso Penal

Autor: Juan Jose Gonzalez Lopez

ISBN:

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Electronic communications traffic data, such as lists of calls made or received and identification of web page visitors, have gained considerable prominence in the criminal investigation, which is bound to increase. These data represent an ancillary part of the content of communications with its own relevance, both in terms of its regulation in the electronic communications framework and in criminal proceedings. Its importance is undoubtedly related to crimes committed through electronic communications, but also manifests itself in respect of multiple investigations of crimes of so much social relevance as are those of organized crime (in the case of the sadly known attacks of March 11) . Its potential, far from being confined to identification (usually in need of other similar data, subscriber data) includes the location of authors and victims, the realization of personality profiles and even the provision of capable sources of evidence, where appropriate , To contribute to distorting the presumption of innocence. The fact that the traffic data precisely deal with the information other than the material content of the communication determines that its obtaining has, in general, a character less burdensome than that of the content. However, there are many fundamental rights at play: the right to secrecy of communications, data protection, and even freedom of expression and information. Although no one doubts the need to provide the authorities responsible for the criminal prosecution of new instruments with which to carry out their work, the fact is that the tendency to overcome the limits of the classic guarantees of the process alerts us to the importance Of an in-depth debate about these measures, especially when, by virtue of some of them (such as the so-called "data retention", in relation to which it is currently being processed, such as lists of calls made or received And data of web page visitors, have gained considerable prominence in the criminal investigation, which is bound to increase. These data represents an ancillary part of the content of communications with its own relevance, both in terms of its regulation in the electronic communications framework and In criminal proceedings. Its importance is undoubtedly related to crimes committed through electronic communications, But also manifests itself in respect of multiple investigations of crimes of so much social relevance as those of organized crime (in the case of the sadly known attacks of March 11). Its potential, far from being confined to identification (usually in need of other similar data, subscriber data) includes the location of authors and victims, the realization of personality profiles and even the provision of capable sources of evidence, where appropriate, to contribute to Distorting the presumption of innocence. The fact that the traffic data is so close to the information other than the material content of the communication that it has, in general, a character less burdensome than that of the content. However, there are many fundamental rights at play: the right to secrecy of communications, data protection, and even freedom of expression and information. Although not one doubts the need to provide the authorities responsible for the criminal prosecution of new instruments with which to carry out their work, the fact is that the tendency to overcome the limits of the classic guarantees of the process alerts us to the importance Of an In-depth debate about these measures, especially when, under some of them (such as the so-called "data retention", in relation to which it is currently being processed