MadagascarLaw No. 2014-006, fraudulent access to an information system
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access, or remain connected to, all or part of an information system intentionally and without a legitimate excuse or justification.
- Whether reading a public, unauthenticated page with no login or technical barrier counts as access without a legitimate excuse or justification has not been tested by a Malagasy court.
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
Private right of actionNo
Criminal exposure note
A fine of 100,000 to 10,000,000 Ariary for fraudulent access or continued presence alone; six months' to five years' imprisonment together with the same fine range where the access or continued presence damaged data or impeded the system (art. 6).
Penalty structure
Fine-only tier for fraudulent access or continued presence with no resulting damage; the same fine range applies together with six months' to five years' imprisonment where the conduct damaged data or impeded the system's operation.
- Rule
- Fixed only
- As of
- Currency
- MGA
- Fixed cap
- 10,000,000
What it makes you log
Logging duty
Articles 3 and 4 define fraudulent access and remaining in an information system and article 6 fixes the fine, with a prison term where data are damaged or the system is disrupted (in French: "whoever has fraudulently accessed or remained in all or part of an information system"). None requires a log or record. Articles 26 to 31 of the same law require telecom operators and service providers to erase or anonymize traffic data subject to retention exceptions; those articles are outside this row's citation. The row cites no territorial clause, so the hook is left empty.
- Kind
- None
- As of
What this law does
Article 3 defines fraudulent access as intentionally accessing all or part of an information system without a legitimate excuse or justification, or beyond one. Article 4 defines fraudulent continued presence in the same terms, for remaining connected to or continuing to use a system.
Article 6 punishes fraudulent access or continued presence alone with a fine of 100,000 to 10,000,000 Ariary; where the access or continued presence damaged, erased, altered, or suppressed data, or impeded or altered the system's functioning, the penalty rises to six months' to five years' imprisonment together with the same fine range.
Article 3's definition of fraudulent access nowhere requires infringing a security measure or other technical protection, so its trigger, an intentional access without a legitimate excuse or justification, reads broader on its face than a standard limited to defeating one. The National Assembly adopted the law on .
Article 41, the closing article, orders publication in the Journal Officiel and execution as a law of the State but names no day of the law's own entry into force, and no commencement notice has been located in the Journal Officiel.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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