PortugalLei do Cibercrime Article 6, Illegal Access to a Computer System
Lei n.º 109/2009, de 15 de setembro (Lei do Cibercrime), art. 6.º
In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access a computer system located in Portugal without legal permission or authorization from its owner or another rights holder, including by circumventing a security control.
These lines are LexLint's reading of the law's text. Also read by: Tribunal da Relação do Porto, acórdão de 8 de janeiro de 2014 (recorded ).
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
Illegal access (art. 6.º) carries imprisonment up to one year or a fine up to 120 day-fines at the base tier (n.1), rising to imprisonment up to three years or a fine where access was achieved by breaching a security control (n.3), and to imprisonment from one to five years where the access revealed a trade or industrial secret or confidential data protected by law, or produced a considerably high financial benefit (n.4).
Who enforces it
Settledness
- As of
- Case citation
- Tribunal da Relação do Porto, acórdão de 8 de janeiro de 2014
- Open questions
- Does a person who retrieves pages that the owner publishes without restriction access a computer system 'sem permissão legal ou sem para tanto estar autorizado pelo proprietário' under Article 6.º(1), when the owner's terms forbid automated access?
- Does a scraper that changes its address to avoid an IP block gain access 'através de violação de regras de segurança' under Article 6.º(3)?
What it makes you log
Logging duty
Article 6 makes illegitimate access to a computer system an offence, extends it to supplying tools meant for such access, and raises the penalty where security rules are breached. It imposes no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Whoever, without legal permission or authorization from the system's owner or another rights holder, accesses a computer system in any way is punished with imprisonment up to one year or a fine up to 120 day-fines.
The penalty rises to imprisonment up to three years or a fine where the access was achieved by breaching a security control, and to imprisonment from one to five years where the access revealed a trade or industrial secret or confidential data protected by law, or produced a considerably high financial benefit.
Producing, selling, distributing, or introducing into a computer system a device, program, executable instruction set, code, or other computer data intended to carry out that unauthorized access is punished under the same penalty.
When LexLint raises it
When your app profile says your app crawls the web.
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