MozambiqueElectronic Transactions Law, Computer Misuse Contraventions
Lei n.º 3/2017, de 9 de Janeiro, arts. 67 e 68 (Transacções Electrónicas)
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access all or part of a computer system or computer network by violating its security measures, with intent to obtain data or another dishonest intent.NIST AI RMFMAP 4.1
- Do not intercept, by technical means, private data transmissions to, from, or within a computer system or network.NIST AI RMFMAP 4.1
- Do not damage, delete, deteriorate, alter, or suppress data belonging to a computer system without authorisation.no control in the NIST AI RMF
- Do not intentionally affect the functioning of a computer system or network by introducing, transmitting, damaging, deleting, deteriorating, altering, or suppressing data.no control in the NIST AI RMF
- Reading a public, unauthenticated page without violating a security measure has not itself been held to violate this article.
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
What it makes you log
Logging duty
Articles 67 and 68 list the contraventions (illegal access by violating security measures, illegal interception, data interference, system interference and misuse of devices, among others) and the fines for them. They impose no duty to create, keep, produce or review a log or record. Article 19 (intermediary providers must register and identify their users, as regulations will set) and Article 72 (the regulator inspects electronic transactions, as regulations will set) sit outside the articles this row covers. The cited articles state no territorial clause; Article 2 applies the Law to natural and legal persons, public or private, that apply information and communication technologies in their activities.
- Kind
- None
- As of
What this law does
Article 2 applies the Law to natural and legal persons, public or private, that apply information and communication technologies in their activities.
Article 67 lists as contraventions: (a) illegal access to all or part of a computer system or computer network by violating security measures, with intent to obtain data or another dishonest intent; (b) illegal interception, by technical means, of private data transmissions to, from, or within a computer system or network; (c) data interference, meaning the intentional and undue damaging, deletion, deterioration, alteration, or suppression of data; (d) system interference, meaning intentionally affecting the functioning of a computer system or network through the introduction, transmission, damaging, deletion, deterioration, alteration, or suppression of data; and (e) misuse of devices, meaning intentionally and without permission causing another's loss of property through introducing, altering, deleting, or suppressing data or interfering with a computer system's or network's functioning.
Article 68(a) sets the fine for these five contraventions at 40 to 90 times the public-service minimum wage, without prejudice to a more severe penalty under separate criminal legislation. Article 69 gives the sector regulator jurisdiction to process and decide contravention cases, and Article 70 allows direct appeal to the competent judicial court.
On the text of Article 67(a), illegal access requires violating a security measure with an intent to obtain data or another dishonest intent; reading a public, unauthenticated page without defeating a security measure has not itself been held to violate this article. Article 75 brings the Law into force 90 days after its publication in the Boletim da República of , which counts to .
When LexLint raises it
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