ArgentinaCódigo Penal, art. 153 bis, unauthorized access to a restricted computer system or data
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access a computer system or data of restricted access without due authorization, or by exceeding the authorization held.
- Reading a public, unauthenticated page that carries no access-control barrier has not itself been shown to violate this article.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Fifteen days to six months' imprisonment, rising to one month to one year when the accessed system or data belongs to a state public body or a public-services or financial-services provider (art. 153 bis); the offense carries imprisonment only, with no fine.
What it makes you log
Logging duty
Article 153 bis makes it an offence knowingly to access, without due authorization or exceeding the authorization held, a computer system or data of restricted access, with a longer penalty where the system belongs to a public body or a provider of public or financial services. It imposes no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Article 153 bis punishes with fifteen days to six months' imprisonment, if the act is not a more severely punished offense, a person who knowingly accesses, by any means, without due authorization or exceeding the authorization held, a computer system or data of restricted access. The penalty rises to one month to one year's imprisonment when the access harms a system or data belonging to a state public body or a public-services or financial-services provider.
Because the offense's own text requires the system or data to be one 'de acceso restringido' (of restricted access), a plain reading does not reach reading a public, unauthenticated page that carries no access-control barrier such as a password, permission, or authentication requirement. Ley 26.388 was passed on and promulgated de hecho on . It was published in the Boletín Oficial on .
The Law ends with an order to communicate it to the Executive and states no day of its own for its entry into force. Article 2 of the Código Civil then in force, as substituted by Ley 16.504, made a law that designates no time binding after the eight days following its official publication. No source located states the day on which the Law became binding.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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