Criminal Code, Article 171, Violation of the Inviolability of Correspondence by Learning or Diverting an Electronic Message
Наказателен кодекс (НК, Nakazatelen kodeks), chl. 171, al. 1, point 3 and al. 3-5
In force.
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not unlawfully learn a message sent by electronic means that is not addressed to you, or divert such a message from its addressee (Article 171, paragraph 1, point 3).
- Do not use special technical means to unlawfully gain access to, or learn, a message not addressed to you that is sent by telephone, telegraph, a computer network or another telecommunications means, or computer data sent within or between information systems (Article 171, paragraphs 3 and 4).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 171, paragraph 3 punishes accessing or learning, with special technical means, a message not addressed to the offender with imprisonment of up to two years, paragraph 4 extends that penalty to computer data sent within or between information systems, and paragraph 5 raises it to imprisonment of up to three years and a fine where the act is committed for gain or causes significant damage.
What this law does
Article 171, paragraph 1, point 3 of the Criminal Code punishes whoever unlawfully learns a message sent by electronic means that is not addressed to them, or diverts such a message from its addressee, with imprisonment of up to one year or a fine.
Article 171, paragraph 3 punishes whoever, using special technical means, unlawfully gains access to or learns a message not addressed to them that was sent by telephone, telegraph, a computer network or another telecommunications means, with imprisonment of up to two years. Article 171, paragraph 4 applies the same penalty where the object of the act is computer data sent within or between information systems, including electromagnetic emissions from an information system.
Article 171, paragraph 5 raises the penalty for an act under paragraphs 3 and 4 committed for gain, or causing significant damage, to imprisonment of up to three years and a fine.
When LexLint raises it
When your app profile says your app records calls, records text chat, processes voice recordings or deploys a chatbot.