Kai kurie neteisėtos prieigos prie kompiuterinės informacijos kriminalizavimo aspektai.

Abstract

The main purpose of the article – to analyze legal problems related to the criminalisation of illegal access to computer information. The developments of cyberspace have given rise to an unprecedent economic and social changes, but they also have other side: the emergence of new forms of crimes. The present work deals with some legal regulation problems of illegal access to computer information, as one of the forms of computer crimes. The importance of private, economic and political information, stored in or transmitted by computers, then required the extension of such a „formal sphere of secrecy“ at least to certain computer–stored data. The legal protection of specific computer–stored data can also be regarded as a new analogy in the information society to age–old notions of breaking, entering and trespassing. However, in most countries, a protection of this „formal sphere of secrecy“ against illegal access to computer–stored data and computer communication could not be guaranteed by traditional criminal provisions. In the first part of the present work legal problems, related to the conception of illegal access to computer information are briefly discussed, also the foreign experience are studied. In the second part the provisions of international (regional) documents related to illegal access to computer information are studied. A corresponding criminal offence would be desirable in accordance with existing international recommendations.