Necesidad de intervención judicial para requerir geolocalización
Published date | 17 October 2018 |
Date | 17 October 2018 |
Author | Diego Fernández |
Law Firm | Marval O'Farrell Mairal |
El Juzgado Penal, Contravencional y de Faltas N° 10 de la Ciudad Autónoma de Buenos Aires declaró la nulidad de la prueba consistente en un informe presentado por un prestador de telefonía a pedido del fiscal de la causa. Este contenía información sobre las celdas de conexión habilitadas y la correspondiente ubicación geográfica del teléfono celular de un usuario investigado.
Teniendo en cuenta la naturaleza de la información requerida por el fiscal, el tribunal sostuvo que la medida impactaba directamente sobre la protección constitucional de la vida privada y el derecho a la intimidad, de la protección de los datos personales y de la autodeterminación informativa.
En ese sentido, destacó la diferencia entre la facultad de los fiscales para requerir informes sobre datos básicos de los usuarios investigados y para requerir información sobre su ubicación geográfica, ya que en este último supuesto se trata de información de mayor sensibilidad desde la perspectiva de la privacidad.
Asimismo, sostuvo que el avance de las nuevas tecnologías produjo la aparición de nuevas formas de criminalidad...
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