El delito de interceptación de datos informáticos en el ordenamiento jurídico colombiano, inconvenientes en su tipificación y aplicación.

Abstract

The new information technologies in recent times have had an exponential immersion in the field of law, mainly in the criminal field, a context propitiated by the imminent rise of globalization worldwide, a phenomenon that inevitably permeated Colombia bringing with it a new legal-social challenge that forced the issuance of Law 1273 of 2009, a rule that sought the protection and integrity of computer data and the confrontation of the challenges and peculiarities of this new criminal paradigm in our country, even so, there are problems of typification and application that are manifested in the crime of interception of computer data contemplated in article 269C of the Colombian Penal Code, since this criminal type leaves several questions when determining the scope that the active subject has to incur in the crime with the expression "without prior judicial order", a situation that the Constitutional Court clarifies, stating not only the need to obtain prior judicial order, but also the subsequent one in order not to incur in its commission.