By: Víctor Vindel
Computer and telecommunications systems are a fundamental part of the companies’ operations and their development around the world, and our country is no exception in the use of these tools that improve business operations and have come to innovate the way in which marketing can be carried out.
But with the advancement of technologies and information systems, the vulnerability of these systems to be exposed also grows and can be carried out the commission of crimes such as fraud, identity theft, obtaining and disclosure of unauthorized personal information, forgery of documents and signatures, use of personal data to commit crimes among many others that could be mentioned.
It is for this reason that in 2016 the Special Law Against Computer and Related Crimes is issued, having as its purpose the protection of legal assets from criminal conduct that may be committed under information and communication tools, which with its entry into force regulates aspects such as:
- Crimes against information technology systems.
- Computer crimes.
- Computer crimes related to data content.
- Computer crimes against children and adolescents or persons with disabilities.
- Crimes against the economic order.
Last Wednesday, December 08, 2021, the Legislative Assembly of the Republic of El Salvador, approved a reform to the Special Law Against Computer and Related Crimes so that it can be updated and incorporate sanctions to the conducts that, with the use of technological tools or communication, can be committed illicitly, increasing by means of these reforms the penalties already established in the mentioned Law.
One of the approved reforms is in relation to crimes against technological information systems, specifically those committed against public computer systems or in computer systems intended for the provision of health services, communications, provision and transportation of energy, means of transportation or other public service or, intended for the provision of financial services; the penalty with the Law in force in 2016 established from three to six years of imprisonment; however, once the reforms enter into force this conduct considered as aggravated for crimes related to computer systems will have a penalty of four to seven years of imprisonment.
We can also find increases in the penalties for crimes related to computer frauds, since, in the current legislation this type of conduct contemplate penalties from five to eight years of imprisonment when they are to the detriment of State property, banking systems, and financial entities, or when the perpetrator is an employee in charge of administering, supporting the system, computer network, telematic or that due to his functions has access to such system, network, electronic, optical or magnetic containers; With the entry into force of the aforementioned reforms, this type of offenses would be punishable with eight to ten years of imprisonment.
At the same time, within the chapter related to computer crimes against children and adolescents or persons with disabilities, a section is incorporated that punishes with imprisonment from one to three years those persons who, making use of information technologies, seduce children and adolescents or persons with disabilities.
These are some of the reforms approved for a hardening and better regulation of this type of crime, which will also include the allocation of resources for the Attorney General’s Office and the National Civil Police, with which it is intended to create special investigation units that have the resources for the analysis and processing of digital evidence.
The reforms are pending publication in the Official Gazette.