Unauthorized Access to Personal Data and Criminal Liability
In the modern world the overwhelming majority of personal data is stored in computer systems — databases, corporate servers, cloud services and other online environments. That is why entering such a system without authorization is treated as a crime under the Criminal Code of Georgia, namely Article 284. If this charge has been brought against you, or if your organization's system has become the object of such conduct, it is important to assess the exact legal boundaries of what happened. Below we set out in detail what the article covers, which penalties attach to each of its parts, and on which circumstances the outcome of the case depends.
What the Elements of the Offense Include
The first part of the article prohibits unauthorized access to a computer system. This formula is strictly interpreted through the notes to the corresponding chapter of the Code, and it is those definitions that determine which conduct attracts liability:
- the concept of a computer system is broad: it is any device or mechanism, or a group of interconnected devices or mechanisms, which automatically processes data by means of a program; under the law this concept covers a personal computer, any device with a microprocessor, and even a mobile telephone;
- computer data is information in any form convenient for processing in the system — including a program that ensures the system's functioning; inventories of personal data typically fall squarely within this category;
- unauthorized means unlawful, and also the situation where the holder of the right has not transferred the right to the person committing the act, directly or indirectly.
From these definitions it follows that one of the central questions of any case is whether the particular person had the right to enter the system. Where such a right existed — whether granted directly or indirectly — this element does not characterize the conduct as criminal. For a lawyer, one of the first tasks is therefore to reconstruct the history of access rights and to support it with documentary evidence.