Cyberespionage (Art. 130 of the Penal Code) – A Crime in the Digital Age
In the era of widespread internet access, digitization, and increasing reliance on technology, threats related to information security are becoming more serious. One of the most severe crimes in this domain is cyberespionage, which involves the illegal acquisition of sensitive information by individuals or groups using internet technologies to steal secrets. What are the legal provisions regarding this crime under Polish criminal law, and what are the consequences for those who engage in such activities?
What is Cyberespionage?
Cyberespionage refers to the illegal acquisition or use of sensitive information, typically through electronic means, that violates privacy or data security. This can involve personal data, trade secrets, or state or military secrets. Cyberespionage is particularly dangerous because it often involves intelligence, competitive, or political activities.
Art. 130 of the Penal Code – Cyberespionage in Polish Law
In Polish Criminal Code (Art. 130 of the Penal Code), cyberespionage is addressed in the context of crimes against state or professional secrecy. According to this article, individuals who illegally acquire, disclose, or use secrets are subject to severe legal consequences.
Article 130 of the Penal Code pertains to espionage activities related to obtaining state or professional secrets in an unauthorized manner, including through electronic means. Cyberespionage in this definition encompasses activities aimed at accessing information protected by law, such as corporate trade secrets, military secrets, or information related to state security.
Forms of Cyberespionage
Cyberespionage can take many forms, depending on the objective and the means used to carry it out. Some of the most common forms of this crime include:
- Hacking attacks – breaking into computer systems, corporate networks, or government and military institutions to steal secrets.
- Phishing – deceiving individuals into providing sensitive information, such as login credentials, passwords, credit card numbers, or personal data, by impersonating legitimate institutions or individuals.
- Malware use – installing spyware or other malicious software on computers or mobile devices to monitor user activities and steal data.
- Attacks on critical infrastructure – infiltrating systems that manage important national data or industrial information, which may impact a country’s security.
- Corporate espionage – gaining access to confidential corporate information such as trade secrets, marketing strategies, or development plans to gain financial advantages or weaken competition.
Legal Consequences of Cyberespionage
According to Polish law, cyberespionage is considered a serious crime, and individuals engaging in it may face severe legal consequences. Under Art. 130 of the Penal Code, those convicted of state or professional secret theft (including through online means) can face:
- Up to 10 years of imprisonment for illegally acquiring, transferring, or disclosing state secrets or other protected information.
- If the perpetrator is involved in organized crime or collaborates with foreign states, the punishment may be even harsher.
In addition, cyberespionage offenders may be required to compensate for damages caused by the theft of information and may also face civil liability, such as financial penalties for losses incurred by victims.
How to Protect Yourself from Cyberespionage?
Protection against cyberespionage requires the implementation of appropriate measures to secure personal, corporate, and state secrets. Here are a few ways to minimize the risk of becoming a victim of this crime:
- Strong passwords and two-factor authentication – use strong, unique passwords and additional security measures such as two-factor authentication (2FA) for all accounts.
- Secure computer systems – regularly update software, use antivirus programs, and firewalls that can help detect threats and prevent hacking.
- Employee education – regularly train employees on information security, recognizing phishing attacks, and maintaining confidentiality.
- Securing networks and devices – use encrypted connections (VPNs), avoid public unsecured Wi-Fi networks, and apply strong security settings on mobile devices and computers.
- Reporting incidents – in case of suspected data theft, report the incident to law enforcement or specialized cybersecurity agencies immediately.
Conclusion
Cyberespionage, under Art. 130 of the Penal Code, is a serious crime that poses significant risks both to private individuals and to corporations or government institutions. With the advancement of technology and the expanding online space, criminals have new tools to obtain valuable data and information. It is essential to understand that the consequences of this crime can be far-reaching, and the punishment for its commission is severe. Therefore, it is crucial to protect personal data and adhere to security guidelines in the digital world.
As of: March 17, 2022.
Cyberlaw by Judyta 