North MacedoniaCriminal Code, Damage and Unauthorized Entry into a Computer System
Criminal Code, OG No. 37/1996, art. 251
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not delete, alter, damage or conceal computer data, a program, or a computer system without authorization, or otherwise disable or hinder the use of a computer system, data, program or computer communication.no control in the NIST AI RMF
- Do not enter another's computer or system without authorization with intent to exploit its data or programs for unlawful gain or to cause damage, or to transmit data reached without authorization.NIST AI RMFMAP 4.1
- Do not intercept, by technical means, a non-public transmission of computer data to, from, or within a computer system.NIST AI RMFMAP 4.1
- A higher penalty applies where the system belongs to a state body, a public enterprise or a public institution, is used in international communications, or the act is committed by an organized 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, and in the NIST AI RMF, line by line beside each duty above. 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 or imprisonment of up to three years for the basic offense (art. 251(1)-(3)); one to five years where committed against a protected or public system or by an organized group (art. 251(4)); six months to five years, or one to ten years for the interception offense specifically, where a greater unlawful gain or damage resulted (art. 251(5)-(6)); a fine or up to one year for unauthorized manufacture, acquisition, sale, possession or distribution of a device, password, access code or program suited to commit the offense (art. 251(7)); attempt of paragraphs (1) and (2) is itself punishable (art. 251(8)); a legal person is punished with a fine (art. 251(9)).
What it makes you log
Logging duty
Article 251 punishes unauthorised deletion, alteration or damage of computer data or programs (paragraph 1) and unauthorised entry into another's computer or system in order to obtain unlawful gain or cause harm (paragraph 2; in Macedonian: "unauthorised entry into another's computer or system"). It creates no duty to make or keep a record. The Code's general territorial articles are not invoked by article 251, so the hook is left empty.
- Kind
- None
- As of
What this law does
Article 251(1) punishes a person who, without authorization, deletes, alters, damages, conceals or otherwise renders unusable computer data, a program, or a device for maintaining an information system, or disables or hinders the use of a computer system, data, program or computer communication, with a fine or imprisonment of up to three years.
Paragraph (2) applies the same penalty to unauthorized entry into another's computer or system with intent to exploit its data or programs for unlawful gain or to cause damage, or to transmit data reached without authorization. Paragraph (3) separately punishes unauthorized interception, by technical means, of a non-public transmission of computer data to, from or within a computer system.
Paragraph (4) raises the penalty to one to five years' imprisonment where the act targets a system protected by special security measures, one used by a state body, public enterprise or public institution, or in international communications, or is committed by a member of an organized group; paragraphs (5) and (6) raise it further where the act produced a greater unlawful gain or damage.
Paragraph (7) separately punishes the unauthorized manufacture, acquisition, sale, possession or distribution of a device, password, access code or program suited for committing the offense, and paragraph (9) extends liability to a legal person, punishable by a fine. The provisions this entry describes came into force on different days.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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