LiechtensteinStrafgesetzbuch Art. 118a, Illegal Access to a Computer System
StGB, LGBl. 1988 Nr. 37, § 118a, inserted by LGBl. 2009 Nr. 228
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not gain access to a computer system, or part of one, in Liechtenstein that you may not use, or may not use alone, by overcoming a specific security precaution, for the purpose of obtaining personal data protected by a confidentiality interest or of inflicting a disadvantage on another person.
- Expect a materially higher penalty where the accessed system is part of the critical infrastructure, or the act is committed as part of a criminal group.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
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
Imprisonment of up to six months or a fine of up to 360 daily rates for the base offense (§ 118a(1)); up to two years where the computer system is an essential part of the critical infrastructure (§ 118a(2)); up to two years, or up to three years for the aggravated critical-infrastructure case, where committed as part of a criminal group (§ 118a(4)). Prosecution proceeds only upon the authorization of the aggrieved party (§ 118a(3)).
What it makes you log
Logging duty
Section 118a punishes gaining access, by overcoming specific security precautions, to a computer system the person may not use, to obtain personal data or to disadvantage another person. It imposes no duty to create, keep, produce or review a log or record. The Code's general territorial provisions are not invoked by the section, so no hook is read from it.
- Kind
- None
- As of
What this law does
Any person who gains access to a computer system, or part of one, that they may not use or may not use alone, by overcoming specific security precautions, is punished with up to six months' imprisonment or a fine of up to 360 daily rates, if the purpose is to obtain personal data protected by a confidentiality interest or to inflict a disadvantage on another person by using data or the system.
The penalty rises to up to two years for an act against a computer system that is part of critical infrastructure, and up to two or three years respectively where committed as part of a criminal group. Prosecution requires the authorization of the aggrieved party. The provision reaches unauthorized access achieved by circumventing a technical access control; it does not by its terms reach the collection of data made available without any security precaution to overcome. The current text of Section 118a was substituted in full by the Act of amending the Strafgesetzbuch.
When LexLint raises it
When your app profile says your app crawls the web.
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