El hackeo con orden judicial en la legislación procesal española a partir de la Ley Orgánica 13/2015 del 5 de octubre

Abstract

Pursuant to Organic Law 13/2015, a number of statutes regarding technological investigative measures were incorporated in Spain’s Criminal Procedure Law (remote access to computer systems, communications interception, audio and video surveillance, location and tracking), which enable the use of spy computer programs (spyware) by the state in order to sustain its lawful investigative powers on account of the new technological reality. On account of that, it becomes necessary to assess aspects such as the compliance with the proportionality and particularity requirements in lieu of the right to privacy, the conflict between the accused’s right to confront incriminating evidence and the confidentiality of the government’s computer tools and the problems arising from any possible transnational application.