Penal Code Offenses Related to Automated Data Processing Systems
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Penal Code, automated data processing system, ADPS, STAD, fraudulent access, data theft, personal data, complicity, extortion, DataSanté, CNAM data
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Abstract
This document outlines various offenses related to automated data processing systems as per the French Penal Code, including fraudulent access, data modification, and personal data collection.
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[...] - The material element of the offense In law, Article 323-3 of the Penal Code sanctions the fact of introducing, extracting, holding, reproducing, transmitting, deleting and modifying the data of a STAD. This offense is therefore linked to the processing of the STAD data. In this case, Mr. Naïf inserted a USB key to transmit the DataSanté data to the attacker who paid him. In conclusion, Mr. Naïf transmitted data from a STAD, he materially committed this offense. - The moral element of the offense In law, the offense of Article 323-3 of the Penal Code requires the awareness of committing a reprehensible act punishable by law. In this case, Mr. [...]
[...] In conclusion, the data managed by the company DataSanté are indeed linked to an automated data processing system. It was specified that it is a state ADPS since it is linked to the national health insurance fund. The delictual act of access or maintenance in an ADPS In law, the offense of Article 323-1 of the Penal Code is materially constituted by the fact of accessing or remaining after access to the ADPS without having the right to do so. [...]
[...] Polichinelle had the consciousness and the will to threaten others in order to obtain money, having the consciousness of threatening others in order to achieve this result. As a result, he committed extortion. [...]
[...] An employee can be sanctioned due to their errors or negligence. In this case, Mr. Imprudent committed a breach of information security, he put sensitive data at risk and did not take all possible measures to protect the keys allowing access to his office. In addition, he did not protect his computer workstation with a password. As a result, Mr. Imprudent may face disciplinary sanctions for these breaches of the obligation of prudence and security that were imposed on him. [...]
[...] When several regulations apply or may apply to lead to the answer, they are all to be studied. I. The case of Mr. Naïf A. The infractions committed by Mr. Naïf In this case, Mr. Naïf is responsible for a data breach at DataSanté (CNAM data) since he was paid by a third party to transfer the contents of a USB key to the computer of the project manager. This key contained malicious software that allowed the attacker to transfer the data for 6 months without the knowledge of the system administrators, without Mr. [...]
