Disclosure of Classified Information on the Internet (Article 265 of the Penal Code)
In the age of the internet and social media, the disclosure of classified information takes on a new dimension. On one hand, it facilitates the rapid dissemination of information, but on the other hand, it poses significant risks, especially in terms of data concerning national security, defense, and other highly protected information. For this reason, criminal law provisions, including Article 265 of the Penal Code, hold individuals accountable for disclosing such data on the internet in violation of the law.
What are classified information in the context of the internet?
Classified information refers to data that, due to its nature, requires special protection against disclosure. Legal provisions define various levels of confidentiality for such information, such as „top secret,” „secret,” or „confidential,” depending on the importance and sensitivity of the data. In today’s world, this information does not only exist in traditional formats but also in digital forms, which creates new challenges in protecting it.
Disclosure of classified information on the internet – Article 265 of the Penal Code
Article 265 of the Penal Code criminalizes the unauthorized disclosure of classified information, regardless of whether it occurs offline or online. According to the provision:
„Anyone who, having access to classified information, discloses it in violation of the law, is subject to imprisonment for a period of 3 months to 5 years.”
This also applies to situations where an individual, having access to such information, publicly discloses it, for example, via the internet. This covers not only social media platforms but also forums, blogs, or even the so-called „dark web.” These provisions protect against the spread of information that could be used in a way that threatens national security or the safety of third parties.
What information is protected?
Article 265 refers to information that is of particular importance for national defense, foreign policy, the economy, and the protection of public order. This can include:
- Military plans, information on military readiness;
- Intelligence data;
- Projects of critical importance to the national economy (e.g., critical infrastructure);
- Information concerning national or international security, including data on terrorist organizations.
Any unauthorized disclosure of such data, especially on the internet, can lead to serious legal and security consequences.
Examples of disclosing classified information on the internet
In the context of the internet, disclosing classified information can take various forms, including:
- Posting materials on social media platforms – An individual with access to classified information may unintentionally or intentionally post confidential data on popular platforms like Facebook, Twitter, LinkedIn, Instagram, or online forums. Depending on the nature of the disclosed content, this can pose a severe security threat.
- Using blogs or discussion forums – Information may be disclosed through public posts on blogs, online forums, or in comments under articles. In some cases, individuals with access to classified materials may share them with a wider audience.
- Sharing on the so-called “dark web” – Cybercriminals or individuals with access to classified information may use less monitored spaces of the internet, such as the „dark web,” to share materials. This could involve intelligence data, military plans, or other information that should remain with government agencies.
Legal consequences
Disclosing classified information on the internet is punishable under Article 265 of the Penal Code, which provides for imprisonment ranging from 3 months to 5 years. In practice, the penalty may be more severe if highly sensitive information, which could have catastrophic consequences for national security, is disclosed, such as intelligence data, military plans, or information about terrorist threats.
In cases where an individual unlawfully discloses such content online, they may also face additional sanctions, such as fines, as well as civil liability, particularly if their actions caused harm to the state or third parties.
How to prevent the disclosure of classified information on the internet?
With the rapid development of technology, protecting classified information on the internet is becoming increasingly challenging. To prevent the unauthorized disclosure of such data, the following measures should be implemented:
- Training employees – Individuals with access to classified information should undergo regular training on data protection rules and the potential consequences of disclosing information on the internet.
- Strict access control to information – Implementing security systems to control access to sensitive data, such as encryption, multi-factor authentication, and access monitoring, is crucial to minimize the risk of disclosure.
- Responsibility for publishing content on the internet – All internet users who have access to classified data should be aware of the consequences associated with its illegal disclosure.
Conclusion
The disclosure of classified information on the internet is a serious offense that threatens both national security and public order. Article 265 of the Penal Code aims to protect against the unauthorized access and dissemination of sensitive data in the online space. Given the increasing importance of the internet, it is vital that both citizens and state institutions adhere to legal provisions regarding the protection of classified information and remain aware of the risks associated with its disclosure on the internet.
As of: April 7, 2022.
Cyberlaw by Judyta 