Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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Autor/a: search.filters.author.Viracocha Molina, Carlos EmanuelTema: search.filters.subject.CENSURA

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    Item type:Ítem,
    Equilibrio entre el derecho a la seguridad, privacidad y la penalización de la Infocracia
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-22)
    Viracocha Molina, Carlos Emanuel
    ;
    Acosta Morales, María Gabriela
    This relevant academic study addresses the emerging phenomenon known as Infocracy, conceptualized as a form of political control based on the mass manipulation of information through the use of digital algorithms. This has created a visible tension between the right to security and the protection of individual privacy worldwide. The problem lies in the rapid pace of technological advancement compared to existing regulations, especially those concerning surveillance and data extraction. Ecuador lacks an effective legal response to this phenomenon, risking excessive penalties that could violate fundamental rights. The study's overall objective is to examine the balance between the right to privacy and security in the face of the potential criminalization of Infocracy. To this end, the study identifies the main reasons for the possible criminalization of Infocracy, analyzes the legal consequences this would entail, and concludes with an analysis of how this balance is disrupted when privacy becomes a factor in insecurity. The study employs a qualitative approach, using both documentary and bibliographic research, with exploratory and descriptive levels. Using analytical-synthetic, hermeneutic, historical-critical, and heuristic methods, the national regulations were deconstructed and compared with models of comparative law, in this case, that of the European Union. The results led to a rejection of potential criminalization, since, to sanction algorithmic and diffuse conduct, the criminal route is dangerous due to its potential for censorship. It was concluded that the true balance lies not in using the State's punitive power, but in an administrative and electoral regulatory approach, inspired by the European Digital Services Act, which sanctions digital platforms for their structural risks and thus protects personal data without criminalizing citizens. Consequently, reform of the Democracy Code and strengthening of the Data Protection Superintendency are recommended as effective mechanisms for preventive rather than punitive oversight.