HondurasCódigo Penal, acceso no autorizado a datos personales (descubrimiento y revelación de secretos)
Decreto No. 130-2017, Código Penal, art. 272 (Descubrimiento y Revelación de Secretos)
In force since .
An enforcement supervision rule binding public and private bodies.
- Obligation class
- Access restriction
- Audit expectation
- none
What it requires
- Do not access, appropriate, alter or use another person's personal data held in a file, register or database, public or private, without authorization and to their detriment.
- Do not access another person's documents, papers or communications, or intercept their telecommunications, to learn their secrets or violate their privacy without their consent.
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.
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
Criminal exposure note
Two to three years' imprisonment and a fine of 360 to 720 day-fines for unauthorized access to, appropriation of, alteration of or use of another's personal data in a public or private file or register (art. 272, second paragraph); one to three years' imprisonment and the same day-fine range for accessing documents or communications or intercepting telecommunications to learn secrets or violate privacy (art. 272, first paragraph); two to four years' imprisonment and a fine of 360 to 1,000 day-fines for disclosing or ceding the secrets or images obtained. Each day-fine is worth not less than twenty Lempiras (L.20) nor more than five thousand Lempiras (L.5,000), set by the court according to the convicted person's economic situation (art. 53).
Penalty structure
Article 272's second paragraph sets a fine of 360 to 720 day-fines; article 53 fixes each day-fine's value between L.20 and L.5,000, set by the sentencing court from the convicted person's economic situation. The maximum and minimum fines are the arithmetic extremes (720 x L.5,000 and 360 x L.20) rather than a single statutory sum.
- Rule
- Fixed only
- As of
- Minimum
- 7,200
- Currency
- HNL
- Fixed cap
- 3,600,000
What it makes you log
Logging duty
Article 272 punishes a person who, to the detriment of a third party and without authorization, accesses, takes, alters or uses personal data held in a file or register, and the first and later paragraphs punish intercepting communications and disclosing the secrets obtained; article 273 raises the penalties by two thirds for a public official acting through his office. These are offences against the person who obtains the data. They impose no duty on a file keeper to log, record or document anything. The cited articles state no territorial hook.
- Kind
- None
- As of
What this law does
The second paragraph of article 272 punishes with two to three years' imprisonment and a fine of 360 to 720 day-fines whoever, to the detriment of a third party and without authorization, accesses, appropriates, alters or uses personal data incorporated into files, media, computerized, electronic or telematic registers, or any other type of public or private archive or register.
The first paragraph separately punishes, with one to three years' imprisonment and the same range of day-fines, accessing another's documents or communications, intercepting their telecommunications, or using technical listening, transmission or recording devices to learn a person's secrets or violate their privacy without consent, and a further paragraph punishes disclosing or ceding to third parties the secrets or images obtained this way with two to four years' imprisonment. Article 273 increases these penalties by two thirds where a public official commits the conduct using their office.
When LexLint raises it
When your app profile says your app processes personal data or processes voice recordings.
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