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Law / Paraguay

Código Penal, arts. 146 b y 174 b, introducidos por la Ley N° 4439/2011, acceso indebido a datos y a sistemas informáticos

Ley N° 1160/97 (Código Penal), arts. 146 b y 174 b, introducidos por la Ley N° 4439/2011

In force since .

A computer misuse rule binding public and private bodies.

Enforcement body
Ministerio Público (fiscalía penal)
Obligation class
Access restriction
Audit expectation
none

What it requires

  • Do not access a computer system, or its components, using your own or another person's identity, or by exceeding an authorization.NIST AI RMFMAP 4.1
  • Reading a public, unauthenticated page has not itself been held to exceed an authorization under this provision, and no reported Paraguayan decision addresses the point.
  • Do not circumvent a security measure to obtain data that is specially protected against unauthorized access; ordinary access to unprotected, publicly available data falls outside this narrower offence.NIST AI RMFMAP 4.1
  • Do not obstruct a data-processing operation by destroying, disabling, removing or altering the infrastructure that carries it out.no control in the NIST AI RMF

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.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.

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

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

Imprisonment of up to three years or a fine for accessing a system without authorization or exceeding one (art. 174 b) or for circumventing a security measure to reach specially protected data (art. 146 b); up to five years or a fine for sabotaging a data-processing operation (art. 175). The Código Penal's fine is a day-fine set by the offender's own means, so no fixed peso figure attaches to any of these offences.

What it makes you log

Logging duty

Articles 146 b and 174 b criminalize obtaining access to specially protected data by violating security systems and accessing a computer system using one's own or another's identity or exceeding an authorization. Each sets a penalty of up to three years' imprisonment or a fine and neither requires anyone to create, keep or produce a log or record. The articles name no territorial reach of their own, and the Código Penal's general rules on where its offences apply are not cited by this row.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 174 b punishes accessing a computer system or its components, using one's own identity or someone else's, or exceeding an authorization, with imprisonment of up to three years or a fine, and defines a computer system broadly to reach any device or interconnected set of devices whose function is data processing by a computer program. The provision's text does not require circumventing a security measure, unlike article 146 b below.

Article 146 b, narrower, punishes obtaining access to data that is specially protected against unauthorized access, without authorization and by violating a security system, also with imprisonment of up to three years or a fine, so ordinary access to unprotected, publicly available data falls outside its plain terms.

The same Ley N° 4439/2011 also introduced article 175, renaming and widening the pre-existing sabotage offence into sabotage of computer systems, punishing obstruction of a data-processing operation by an article 174-type act or by destroying, disabling, removing or altering processing infrastructure, with imprisonment of up to five years or a fine, and article 175 b, which conditions prosecution of articles 174 and 175 on the victim's complaint except where the public interest requires prosecution ex officio.

When LexLint raises it

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