Friday, August 3, 2012
Current vision of computer law and the legal data
Today's society through the creation and implementation of new technologies and significant scientific advances, has developed certain benefits and disadvantages in all its aspects and latitudes of the same receptors, generating a corollary inexcusable, permanent rapid change, and to some size and sector, transcendental, that somehow pursue the satisfaction of the requirements of each person in their search for happiness and personal growth.
Thus, in our country witnessed an exhibition of new information technologies, the use of electronic means for the achievement of certain acts, the unsurpassed speed allows traffic telematics, the emergence of more and more software that facilitates the human life and makes it much lighter, which in sum these events allow comprehensive development in its potential, bring-if there are excesses and abuses use - the generation of social legal problems one must be cleared promptly by the relevant legislation.
The incursion of computer science at all levels of science, is changing the old ways of thinking in medicine, astronomy, accounting, and of course in legal science, which is why the inevitable requirement to have a body of legislation that consistent with the changes found in our constellation Peruvian case is very new regulations regarding these phenomena, which deserves substantial changes in the prevailing legal framework and especially the one vote rules governing more efficient and comprehensive, this information revolution.
And is that the Computer Law and could see two types of relationships, if taken as purely instrumental approach to the look, you are referring to the legal information [1]. But consider the computer as an object of law, it refers to the law or simply Computer Computer Law [2]. As can be discerned, not only the computer would be the subject of study but would be an instrument for the study, which would argue that the normative regulation should not only go on one side, ie the right computer, but also because of legal informatics.
Indeed, and as holding the dominant current doctrine, information can not be judged in its simple exterior, and use of electronic devices or physical elements, pure and simple, but in the course of action is created intersubjective relations natural persons or legal and moral authorities of the State, and there are then a set of technical rules connected with the law, which come to constitute the means to accomplish its purposes, ethically and legally permissible, creating concepts and principles that institutionalize Science computer, with autonomy. These principles form the guidelines of the institution's own computer, and comes to constitute the guidelines of the national inter-universal, supra-national global standards and that aim should be contained through international treaties that facilitate the communication process in their own valid purposes and universal efficacy.
Immediately afterwards is aforesaid limit, and going as we are concerned about, that the Legal Informatics and Computer Law at the Republic of Peru, is facing a legislative leanness, which is reflected in the fields of e-commerce , digital signature, protection of privacy, among other key aspects of its grant regulations do not allow at least legal certainty on these issues.
We should also be noted that in our country the development of doctrine on these matters is not so rich, raising, and there is limited access to the knowledge of this branch of law, this research also serves to alleviate some of this obligatory fast going through.
As you can scan in the course of these lines, computer to break into the field of law has revolutionized and disrupted primitive concepts that had, for instance, notification via email, Internet contracts, digital signatures; and that to suffer from a tiny, not only legislation but also doctrine seriously hampers the solution of legal problems that arise every day.
Ergo, it must be emphasized in the proper development of the doctrine of computer law and computer law, given that these legal disciplines, have become paramount importance in the course and progress of science and technology, and therefore its study and diffusion at undergraduate and postgraduate training, are imperative implementation.
[1] For this, following the classification given by Professor Julio Téllez Valdés, this discipline can be classified as follows:
· Computing Legal Documentary (storage and retrieval of legal texts).
· IT Management and Control Law (development of legal activities - adjective).
· Computing Legal Metadocumentaria (decision support, education, research, writing and forecasting of law).
[2] right autonomous discipline that studies the legal problems arising from the use of computers.
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