Violación a la intimidad, herramientas de inteligencia artificial y actualización del COIP.

Abstract

The artificial intelligence (AI) society has brought with it new ways of relating; the countless applications based on artificial intelligence (AI) have made us vulnerable in terms of our personal and family information, especially on social networks. Technology became our most typical relationship, allowing citizens to be more informed about different events around the world, but also about the particularities of each individual. The concept of privacy is in a dilemma never seen before, however, its violation, legally speaking, is typified in our Código Orgánico Integral Penal (COIP), recognizing the crime in Art. 178 with a custodial sentence of one to one. three years, to the person who, without consent or legal authorization, accesses, intercepts, examines, retains, records, reproduces, disseminates or publishes personal data, data messages, voice, audio and video, postal objects, information contained in computer media, private or reserved communications of another person by any means. In the algorithm society, they can collect and analyze an infinite amount of personal data without and/or with the knowledge, without and/or with the consent of citizens. The present research work puts on the table of modern law the facts of a reality of complex legal limitation, but of necessary study, analysis and changes to the already established legal framework, such as the recognition of criminal responsibility in cases of crimes committed by the application of artificial intelligence (AI) algorithms.