Criminal Code (Rikoslaki), Chapter 38, Sections 3 and 4, Violation of Communications Confidentiality
Rikoslaki 39/1889, 38 luku 3 ja 4 §
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not, without right, open a letter or other closed message addressed to another, break a protection to obtain information from an electronically stored message protected from outsiders, or obtain information on the content of a call, telegram, text, image or data transmission being transmitted in a telecommunications network or information system, or on its sending or receipt (Chapter 38, section 3).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 3 of Chapter 38 punishes violation of communications confidentiality with a fine or imprisonment of up to two years, an attempt is punishable, and section 4 punishes an aggravated violation with imprisonment of up to three years.
What this law does
Section 3 of Chapter 38 of the Criminal Code punishes whoever, without right, opens a letter or other closed message addressed to another, breaks a protection to obtain information from an electronically stored message protected from outsiders, or obtains information on the content of a call, telegram, text, image or data transmission being transmitted in a telecommunications network or information system, or on its sending or receipt, with a fine or imprisonment of up to two years.
Section 4 of Chapter 38 punishes an aggravated violation, committed by abusing a position with a telecommunications company or another special position of trust, by using software or a special technical device designed or adapted for the offence or otherwise acting with special planning, or involving a message of especially confidential content, with imprisonment of up to three years. Section 3 of Chapter 38 was last amended by Act 368/2015. Act 368/2015 entered into force on .
When LexLint raises it
When your app profile says your app records calls, records text chat, processes voice recordings or deploys a chatbot.