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Law / Estonia

Karistusseadustik (Penal Code) Sections 206 and 207, Interference with Computer Data and Hindering of Functioning of Computer Systems

Karistusseadustik, RT I, 12.07.2014, 1, Sections 206 and 207

In force since .

A computer misuse rule binding public and private bodies.

Audit expectation
none

What it requires

  • Do not alter, delete, damage or block data in a computer system, and do not interfere with or hinder the functioning of a computer system, including by an automated crawler's request volume or behavior.

These lines are LexLint's reading of the law's text.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Up to three years' imprisonment or a pecuniary punishment for the base offense under either section; up to five years' imprisonment or a pecuniary punishment where committed against numerous computer systems using a device or program described in Section 216-1, committed by a group, committed against or interfering with a vital-sector system or public-service provision, or causing significant damage.

Who enforces it

Settledness

As of
Open questions
  • Does a high volume of automated requests that slows a site without taking it down amount to 'ebaseadusliku häirimise või takistamise' of its functioning under Section 207(1)?
  • Does sending requests with 'andmete sisestamise, edastamise' count as hindering a computer system when the requests are of a kind the operator invites from any visitor?

What it makes you log

Logging duty

Sections 206 and 207 define the offences of unlawfully altering, deleting, damaging or blocking data in a computer system, and of unlawfully disturbing or obstructing the operation of a computer system. They impose no duty to create, keep, produce or review a log or record.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 206 punishes illegal alteration, deletion, damaging or blocking of data in a computer system with a pecuniary punishment or up to three years' imprisonment, rising to five years where the act is committed against numerous systems using the devices or programs described in Section 216-1, by a group, against a vital-sector system, or causes significant damage.

Section 207 punishes illegal interference with or hindering of the functioning of a computer system by uploading, transmitting, deleting, damaging, altering or blocking data on the same three-year and five-year tiers. Unlike Section 217, neither offense is limited to access obtained by circumventing a protective measure, so a scraper that overloads, disrupts or corrupts a target system can fall within these sections even against a page with no access controls.

When LexLint raises it

When your app profile says your app crawls the web.

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