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Law / Ecuador

COIP, interceptación ilegal de datos

Código Orgánico Integral Penal (COIP), art. 230 (interceptación ilegal de datos)

In force since .

A computer misuse rule binding public and private bodies.

Criminal exposure
Yes
Private right of action
No
Criminal exposure note
Three to five years' imprisonment (art. 230(1)).
Audit expectation
none

What it requires

  • Do not intercept, listen to, divert, record, or observe a computer datum, signal, or data transmission without a prior judicial order and for the purpose of obtaining registered or available information.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

What it makes you log

Logging duty

Article 230 defines an offence: intercepting or recording computer data without a judicial order. It imposes no duty to create, keep, produce or review a log or record, and it carries no territorial clause of its own.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 230(1) punishes, with three to five years' imprisonment, a person who, without prior judicial order and for their own benefit or a third party's, intercepts, listens to, diverts, records, or observes, in any form, a computer datum at its origin, destination, or inside a computer system, or a signal or data transmission, with the aim of obtaining registered or available information.

Reading a public, unauthenticated page does not fit a plain reading of an offence built around a judicial-order requirement and an interception of a transmission.

When LexLint raises it

When your app profile says your app crawls the web.

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