AzerbaijanCriminal Code, unauthorised access, illegal interception, and system interference
Criminal Code of the Republic of Azerbaijan (approved by Law No. 787-IQ of ), Arts. 271-273
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not intentionally access a computer system, or any part of it, without the right to do so or by violating its security measures, with intent to seize the data stored there or for personal purposes.NIST AI RMFMAP 4.1
- Do not intentionally intercept, by technical means, computer data not intended for general use that is transmitted to, from, or within a computer system, without the right to do so.NIST AI RMFMAP 4.1
- Do not intentionally damage, delete, corrupt, modify, or block computer data, or seriously obstruct a computer system's operation, in a way that causes significant damage.no control in the NIST AI RMF
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, and in the NIST AI RMF, line by line beside each duty above. 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
The base offence under each of Arts. 271.1, 272.1, and 273.1/273.2 draws a fine of 2,000 to 4,000 manat, with restriction of liberty or imprisonment of up to two years as alternatives. The aggravated form (repeated commission, an organised group, or an official abusing their position) raises this to a fine of 4,000 to 6,000 manat or imprisonment of up to four years. A violation reaching the computer system of a publicly important infrastructure facility drops the fine option and carries imprisonment of four to six years alone.
Penalty structure
The base tier of Arts. 271.1, 272.1, and 273.1 fines 2,000 to 4,000 manat (with imprisonment or restriction of liberty up to two years as an alternative to the fine); the aggravated tier (repeat commission, organised group, or official abuse of position) raises this to 4,000 to 6,000 manat or imprisonment up to four years; the critical-infrastructure tier carries imprisonment of four to six years alone, with no fine.
- Rule
- Fixed only
- As of
- Minimum
- 2,000
- Currency
- AZN
- Fixed cap
- 6,000
What it makes you log
Logging duty
Articles 271 to 273 of the Criminal Code define the offences of unlawful access to an information and communication technology (ICT) system, unlawful interception of electronic data, and damage to or obstruction of such systems and data. They impose no duty to create, keep, produce or review a log or record. The territorial provisions of the Code's general part are not cited by this row, so no hook value is set.
- Kind
- None
- As of
What this law does
Art. 271 punishes intentional access to a computer system, or any part of it, without the right to access it or in violation of its security measures, with the aim of seizing the data stored there or for personal purposes. Art. 272 punishes intentional interception, by technical means, of computer data not intended for general use that is transmitted to, from, or within a computer system, by a person with no right to do so.
Art. 273 punishes intentional damage to, deletion, corruption, modification, or blocking of computer data by an unauthorised person that causes significant damage, and separately punishes seriously obstructing a computer system's operation through the same acts.
Because the Art. 271 offence's trigger is accessing without the right to do so or in violation of a security measure, a person reading a public, unauthenticated page without defeating any access control falls outside a plain reading of the provision.
Each article carries an aggravated tier for repeated commission, commission by an organised group, or commission by an official abusing their position, and a further tier, carrying imprisonment alone with no fine option, where the act reaches the computer system of a publicly important infrastructure facility.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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