EritreaPenal Code of the State of Eritrea, Violation of Privacy
Penal Code of the State of Eritrea (2015), art. 298 (Violation of Privacy)
An enforcement supervision rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not intentionally intercept, open, or otherwise interfere with a telephone call, letter, electronic message, or other private communication addressed to another person, without lawful authority.
- If facts from a communication not addressed to you come to your attention by mistake, inadvertence, or negligence, do not divulge those facts or derive a gain from them.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
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
Violation of privacy is a Class 2 petty offence, punishable with a definite term of imprisonment of 1 to 6 months, or a fine of 5,001 to 20,000 Nakfas, set in intervals of 1,000 Nakfas; prosecution requires the victim to prefer charges.
Penalty structure
Fine range for the Class 2 petty offence; the same subsection also allows imprisonment of 1 to 6 months instead of the fine.
- Rule
- Fixed only
- As of
- Minimum
- 5,001
- Currency
- ERN
- Fixed cap
- 20,000
What it makes you log
Logging duty
Article 298 of the Penal Code defines the offence of violation of privacy: intercepting, opening or interfering with a private communication without lawful authority, or divulging or profiting from facts learned by opening one by mistake, punished as a Class 2 petty offence and prosecuted only on the victim's charge. It is a prohibition with a penalty and states no duty to create, keep or produce a log or record. The article has no scope clause, so the territorial hook is empty.
- Kind
- None
- As of
What this law does
Article 298(1) makes it an offence to intentionally, and without lawful authority, intercept, open, or otherwise interfere with a telephone call, letter, electronic message, or other private communication addressed to another person, or, having learned facts by mistakenly opening a communication not addressed to oneself, to divulge those facts or profit from them.
Violation of privacy is a Class 2 petty offence, punishable with imprisonment of 1 to 6 months or a fine of 5,001 to 20,000 Nakfas, set in intervals of 1,000 Nakfas. Article 298(2) makes prosecution conditional on the victim preferring charges. Article 3 of the Penal Code ties the Code's own entry into force to its publication in the Gazette of Eritrean Laws; the Code's own text does not state that Gazette date and carries no proclamation number of its own.
When LexLint raises it
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