Illegal Disclosure of Information Obtained in Connection with a Function, Work, Public, Social, Economic, or Scientific Activity (Art. 266 of the Penal Code)
Modern society is based on the collection and exchange of information that plays a key role in various aspects of life, from professional work to social or scientific activities. However, in certain situations, disclosing such information can constitute a serious violation of the law. According to Polish criminal law, the illegal disclosure of information obtained in connection with holding a function, performing work, or engaging in public, social, economic, or scientific activities can lead to serious legal consequences.
What is Illegal Disclosure of Information?
Illegal disclosure of information means transferring, publishing, or disclosing data that has been obtained through performing a specific function, professional work, public activity, or any other social, economic, or scientific activity, without the consent of authorized individuals or institutions. Such disclosure violates principles of confidentiality, public trust, and the privacy of individuals and organizations that hold this data.
When Does Illegal Disclosure of Information Occur?
Illegal disclosure of information may occur in various situations. Examples include:
- Professional Work – Employees working in companies, state institutions, or international organizations often have access to sensitive information such as financial data, strategic plans, or client details. Disclosing such data, e.g., to a competitor or the public, without the owner’s consent, may be considered a violation of the law.
- Public Activity – Politicians, government officials, and individuals holding public office have access to many confidential data. Disclosing such information may involve state strategies, internal documents, or personal data of citizens, which constitutes a serious threat to security and public order.
- Scientific Activity – In the scientific community, there is often an exchange of data, research results, or ideas that are protected. The illegal disclosure of such information may violate intellectual property rights and harm the scientific credibility and reputation of research institutions.
- Economic Activity – In business, disclosing trade secrets, competitive strategies, or technologies that a company has developed can result in significant financial losses and the loss of market position.
Legal Provisions Regarding the Disclosure of Information
In Polish law, illegal disclosure of information is regulated by various provisions, including those in the Penal Code. According to Article 266 of the Penal Code, an individual who discloses information obtained in connection with holding a function or performing work is subject to serious legal consequences, including imprisonment.
These regulations aim to protect sensitive information that is crucial for the security of the state, economic interests, citizens’ privacy, and social stability. According to the law, individuals who have access to such information must exercise the utmost caution in storing and processing it to prevent its unauthorized disclosure.
Legal Consequences
Illegal disclosure of information can lead to serious legal consequences. Depending on the nature of the disclosed data and the severity of the act, the person committing the disclosure may be punished with:
- Imprisonment – Disclosure of information in connection with holding a public function, professional work, or public, economic, or scientific activity may result in imprisonment, which may range from several months to several years, depending on the case.
- Fine – In some cases, the court may impose a fine, especially if the disclosure was of a less severe nature.
- Civil Liability – The individual disclosing the information may also be required to compensate for the damage caused by their act. This may involve financial compensation or other forms of redress.
- Reputational Damage and Loss of Trust – Illegal disclosure of information is not only associated with legal consequences but also with the loss of social and professional trust, which can have long-term effects on the individual who committed the act.
How to Avoid Illegal Disclosure of Information?
To avoid liability for the illegal disclosure of information, several guidelines should be followed:
- Maintain Confidentiality – One must always remember the necessity of maintaining confidentiality regarding data entrusted in connection with holding a function or performing work.
- Caution When Sharing Information – If it is necessary to share information, it should be ensured that it is done in compliance with applicable legal provisions and in the correct manner to avoid the risk of disclosing data for unintended purposes.
- Training and Awareness – Employees and individuals in public office should undergo regular training on information protection and security procedures to prevent accidental or intentional violations.
Summary
Illegal disclosure of information obtained in connection with holding a function, performing work, or engaging in public, social, economic, or scientific activities poses a serious threat to security, stability, and trust in society. Proper management and protection of such information are crucial to avoid legal violations and their potential consequences. The liability for disclosing data in a manner inconsistent with legal provisions is a serious crime that can lead to severe penalties for both individuals and institutions involved in such acts.
Status as of: April 12, 2022
Cyberlaw by Judyta 