Spy on data
The spying of data , according to § 202a of the German Criminal Code ( Criminal Code ) an offense which with imprisonment up to three years or fine will be punished.
Offense
The authority to dispose of data is protected. This norm is, so to speak, the general criminal provision against “electronic trespassing ”. It is primarily about the provision of data. It is irrelevant whether business or private data is spied on. Section 202a of the Criminal Code covers, among other things, software theft, spying on data, corporate treason and the provision of company secrets. In the opinion of some lawyers, hacking into third-party data systems without providing data is not illegal, at least according to the new wording of the standard, which allows criminal liability to begin with gaining access, is no longer tenable. The unrestricted reading of illegally obtained data, however, fulfills the requirements of § 202a.
Phishing , for example the sending of emails under the name of actually existing credit institutions to bank customers, with which the recipient is requested under a pretext to enter access data on a linked and also falsified website, serves to prepare for computer fraud in accordance with Section 263a StGB, but does not represent the spying of data in accordance with Section 202a StGB.
In the future, mere unauthorized access to computer and information systems (“hacking”) should be punishable by law. So far, this only applies when someone has obtained data.
Since the Council of Europe Convention prescribes the criminal liability of certain preparatory acts for computer crimes, the offense of preparatory computer fraud in German law is to be expanded to include spying and interception of data. Preparatory actions for data changes and computer sabotage should also be recorded in this context.
Recorded offenses in police crime statistics
| Number of offenses § 202a StGB in Germany (PKS) |
|
| 2000 | 538 |
| 2001 | 1,463 |
| 2002 | 806 |
| 2003 | 781 |
| 2004 | 1,743 |
| 2005 | 2,366 |
| 2006 | 2,990 |
| 2007 | 4,829 |
| 2008 | 7,727 |
In 2008 a total of 7,727 offenses were recorded in the German police crime statistics (PKS). The number of cases in recent years can be found in the table (PKS 2000–2008).
In terms of computer crimes, male adult suspects over the age of 21 predominate.
Statistics ( police crime statistics , convict statistics , etc.) cannot determine the exact extent of the offenses. Due to different recording periods / dates and other influencing factors, these statistics are not comparable in Germany.
See also
- Interception of data
- Computer crime
- Computer sabotage § 303b StGB
- Data stealing
- Data change according to § 303a StGB
- hacker
- Prepare for data spying and interception
Web links
- § 202a spying on data: https://www.gesetze-im-internet.de/stgb/__202a.html
- Christian Hawellek: The criminal relevance of IT security audits - ways to legal security against the background of the new computer criminal law , ( online as PDF ; 734 kB)
- Forty-first Amendment to the Criminal Law Act to Combat Computer Crime - 41st StrÄndG and its amendments
Individual evidence
- ↑ Stefan Ernst , criminal liability of hacking and computer viruses ( Memento from September 5, 2006 in the Internet Archive ), p. 9 ff, University of Hanover
- ↑ http://www.bundestag.de/presse/hib/2007_03/2007_075/04.html (link not available)
- ↑ Police crime statistics 2007 ( Memento from July 21, 2011 in the Internet Archive ) (PDF) BKA
