Data Protection

What is the crime of computer trespassing?

What is the crime of computer trespassing?

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In the Penal Code still in force, the crime seizure of letters, papers, emails or any other documents personal in nature of the victim, as well as the interception of any type of communication and the way in which it occurs, committed without him consent of the victim and in order to have access to reserved data of a personal nature.

Now, as a novelty introduced by Law 1/2015 that enters into force on July 1, our Penal Code separately defines the disclosure of data that directly affects the right to personal privacy in the strict sense on the one hand; and access to other data or information that, without violating this right, may affect the privacy of the person. In the latter case, reference is being made to that type of data that the law itself calls "reserved", to distinguish it from those that do affect personal privacy.

The most obvious example of violation of the right to privacy, which the reform itself includes, is the disclosure of intimate images obtained in the course of a sexual relationship. For its part, an example of illegitimate access to confidential data could be that of the husband who obtains by phishing his wife's medical record to use it in a contentious divorce proceeding.

It is considered "aggravated" the fact that such crimes are committed by the persons in charge of or responsible for the files, computer and electronic media, or that they are carried out using, without authorization, the personal data of the victim.

This reform also sanctions the manufacture, acquisition for use or making available to a computer program designed mainly to facilitate the commission of the crimes described above, as well as to facilitate the removal of obstacles that, by way of passwords or access codes, restrict access to a computer system.

The most remarkable thing is that in these typical actions (commonly called computer trespassing crimes) the possibility that the company may be criminally liable is foreseen of the commission of these crimes. (Photo: Pixabay)

Video: Criminal Trespass. Section 441. Indian Penal Code (May 2022).