Law / Austria

StGB

Officially Strafgesetzbuch (StGB), Violation of the Secrecy of Telecommunications (Section 119)

StGB, BGBl. Nr. 60/1974, § 119

In force since .

An interception and recording consent rule binding public and private bodies.

Obligation class
Prohibition

As of .

What it requires

  • Do not use a device that is attached to a telecommunications installation or a computer system, or made ready to receive from it, to learn the content of a message that was not meant for you, intending to obtain that knowledge for yourself or another unauthorized person.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Section 119(1): imprisonment of up to two years. The offender is prosecuted only with the authorization of the injured person (section 119(2)).

Who enforces it

Enforcement body

Criminal prosecution, which section 119(2) allows only with the authorization (Ermächtigung) of the injured person.

What this law does

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Research summary

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Section 119(1) punishes whoever, intending to obtain knowledge for themselves or another unauthorized person of the content of a message transmitted by telecommunication or by a computer system that was not meant for them, uses a device that was attached to the telecommunications installation or the computer system or otherwise made ready to receive. The penalty under section 119(1) is imprisonment of up to two years. Under section 119(2) the offender is prosecuted only with the authorization of the injured person.

When LexLint raises it

When your app profile says your app records conversations, processes voice recordings or deploys a chatbot.

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