home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Hacks & Cracks
/
Hacks_and_Cracks.iso
/
hackersclub
/
km
/
laws
/
laws
/
germany.txt
< prev
next >
Wrap
Text File
|
1998-03-25
|
8KB
|
211 lines
German Law
Criminal Law
Sec. 202a - Data spying
(1) Anybody who without authority procures himself or another
data which are not meant for him and which are specially
secured against unauthorised access shall be sentenced to
imprisonment not exceeding 3 years or to a fine.
(2) Data within the meaning of Subsection (1) shall be deemed
to be only those which are stored or transmitted
electronically, magnetically, or in any other not directly
perceptible way.
Sec. 203 - Violation of private secrets
(1) Anybody who without authority discloses another's secret,
especially one relating to the personal sphere of life or
an industrial or business secret that has been entrusted
to him or has otherwise become known to him in his
capacity as
1. physician, dentist, veterinarian, dispensing chemist
or member of another healing profession requiring
state regulated training for the exercise of the
profession or for the bearing of the professional
title,
2. professional psychologist with a state recognised
scientific final examination,
3. lawyer, patent agent, notary public, defence counsel
in proceedings regulated by law, certified public
accountant, sworn auditor, tax adviser, authorised tax
agent, or an organ, or member of an organ, of a
society of certified public accountants, auditors, or
tax advisers,
4. marriage, family, educational, or youth counsellor as
well as addiction counsellor at a counselling agency
that is recognised by public authority or by a
corporation, institution, or foundation of public law,
4a. member or agent of a recognised counselling agency
under Sec. 218b (2) (No. 1),
5. state recognised social worker or state recognised
social educationalist or
6. member of an enterprise of private health, accident,
or life, insurance or of an accounting office for
private physicians,
shall be sentenced to imprisonment not exceeding one year
or to a fine.
(2) Likewise shall be punished anybody who without authority
discloses another's secret, especially one relating to the
personal sphere of life or an industrial or business
secret, that has been entrusted to him or has otherwise
become known to him in his capacity as
1. holder of a public office,
2. a person with special obligations with regard to the
civil service,
3. a person carrying out tasks or responsibilities under
the Personnel Representation Law,
4. member of an investigation committee acting for a
Federal, or State, legislative body or of any other
committee or council who is not himself a member of
the legislative body, or as an assistant of such
committee or council, or
5. an officially appointed expert who has been formally
obligated for the conscientious compliance with his
duties on the basis of legal provisions.
Equivalent to a secret within the meaning of Sentence 1
shall be individual information concerning personal or
factual circumstances of another that have been recorded
for purposes of public administration; Sentence 1 shall
not apply, however, where such individual information is
disclosed to other public authorities or other agencies
for purposes of public administration and this is not
prohibited by law.
(3) Equivalent to the parties mentioned in Subsec. (1) shall
be their professionally active assistants as well as
persons who are working with them while learning the
profession. In addition, after the person charged with the
duty of protecting the secret has died, anyone who has
obtained knowledge of the secret from the deceased or from
gis estate shall be deemed equivalent to the parties
mentioned in Subsec. (1) and those mentioned in Sentence
1.
(4) Subsections (1 - 3) shall also apply where the offender
without authority disclose another's secret after the
latter's death.
(5) If the offender discloses the secret for a consideration,
or with the intention of enriching himself or another or
to injure another, punishment shall be imprisonment not
exceeding two years or a fine.
Sec. 204 - Exploitation of another's secret
(1) Anybody who without authority exploits another's secret
especially an industrial or business secret which he is
bound to keep confidential under Sec. 203, shall be
sentenced to imprisonment not exceeding two years or to a
fine.
(2) Sec. 203 (4) shall apply accordingly.
Sec. 205 - Request for prosecution
(1) Offences referred to in Sections 201 (1,2) and 202a to 204
shall be prosecuted only on request.
(2) If the injured person dies, the right to file a request
shall pass to the next of kin under Sec. 77 (2); this
shall not apply to offences referred to in Sec. 202a. If
the secret does not relate to the personal sphere of life
of the injured person, the right to file a request in case
of offences under Sections 203 and 204 passes to the
heirs. If the offender discloses or exploits the secret
after the death of the person concerned in cases referred
to in Sections 203 and 204, Sentences 1 and 2 shall apply
mutatis mutandis.
Sec. 263a - Computer fraud
(1) Anybody who, with a view to procuring himself of a third
person any unlawful property advantage, causes prejudice
to the property of another by influencing the result of a
data proceeding activity through improper program design,
through the use of incorrect or incomplete data, through
the unauthorised use of data, or otherwise through any
unauthorised interference with the transaction, shall be
sentenced to imprisonment not exceeding five years or to a
fine.
(2) Sec. 263 (2 - 5) shall apply accordingly.
Sec. 269 - Forgery of probative data
(1) Anybody who, for the purpose of committing a deception in
legal transactions, stores or alters probative data in
such a way that a false or altered document would be
present if the data were perceived, or makes use of data
so stored or altered, shall be sentenced to imprisonment
not exceeding five years or to a fine.
(2) The attempt shall be punished.
(3) Sec. 267 (3) shall apply.
Sec. 270 - Deception in legal transactions
in connection with data processing
Improperly interfering with a data processing activity in
legal transactions shall be equivalent to deception in legal
transactions.
Sec. 303a - Alteration of data
(1) Anybody who unlawfully deletes, suppresses, renders
useless, or alters data (Sec. 202a (2)) shall be sentenced
to imprisonment not exceeding 2 years or to a fine.
(2) The attempt shall be punished.
Sec. 303b - Computer sabotage
(1) Anybody who interferes with a data processing activity
which is of vital importance to another enterprise,
another business or a public authority by
1. committing an offence under Sec. 303a (1) or
2. destroying, damaging, rendering useless, removing or
altering a data processing system or carrier
shall be sentenced to imprisonment not exceeding five
years or to a fine.
(2) The attempt shall be punished
Sec. 303c - Request for prosecution
Offences referred to in Sec. 303 to 303b shall be prosecuted
only on request except where the prosecutorial authority, in
view of the particular public interest involved, deems that ex
officio action is required.