La protección de sistemas de información crítica y la Ley 53/07 de la República Dominicana sobre crímenes y delitos de alta tecnología

Abstract

It is undeniable the impact of information and communication technology in the development of modern society, becoming a common international concern the protection against cybercrime. All over the world legislations have been adapted in order to restructure the defense of legal interests traditionally recognized, raising the question of whether we are witnessing the birth of new interests that deserve the attention of criminal law. In most European countries, as it is the case of Germany, Spain and Italy, the legal framework has been adapted to strengthen the protection of legal interests already established as traditionally important; while the United States reform has been more specific and focalized in protecting patrimonial rights and interests. In the European context, the 2012 reform of the French legislation reinforces a different model, in which not only the existing criminal law is amended but new offenses are created to protect automated data processing systems. This reform followed the model that had already been incorporated into the legislation of Dominican Republic in 2007, a pioneer in the field, which, besides from the protection given by the general criminal law, counts with a law of high-tech crimes that establishes the protection not only of traditional legal interests, but also information systems and data. This legislation deserves special attention, although it follows the guidelines of the Convention on Cybercrime 2001 and the Resolution AG/RES 2004 (XXXIV/O/04) of the Organization of American States on the adoption of a comprehensive Inter-American strategy to combat threats to cybersecurity, it introduces certain criminal offenses that outrun the previous ones towards the construction of a comprehensive and complete legal protection layers against crimes, committed through the use of a computer and against the computer, that might inspire other legislations. It recognizes the need to protect the tools that drive the interactions and the functioning of this Information Society in the Digital age.