Κατεύθυνση Ουσιαστικό και Δικονομικό Δίκαιο
Library of the School of Law

2017-11-12

2017

Theodosi Konstantina

Νικόλαος Δημητράτος, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΝΟΠΕ

« 370Β ΠΚ» Παράνομη αντιγραφή και χρήση απόρρητων δεδομένων

Greek

"370B Penal Code" Illicit copying and use of confidentiality data

This diploma thesis examines the protection framework of the Greek Penal Code from computer misuse in the field of protection of confidential data and computer programs. In particular, the central theme of this is the legal good and the protective framework of Article 370B PC, which penalizes anyone who improperly (without right) copies, impersonates, uses, discloses to a third party or violates by an act of equal devaluation elements or computer programs that constitute state, scientific or business secrets or secrets of a public or private sector. Furthermore, if the breached secrecy is of a particularly high value or the offender committing the offense is at the service of the legitimate holder it is a distinct form of the crime and is punished by the sentence of paragraph 2 of the article. If it is a military or trade secret or a secret referring to state security then there will be a confluence and finally Articles 146 and 147 of the CC will apply. In addition, the diploma thesis examines the confluence of article 370B PC with other offenses, such as the offenses of Law 146/14 about unfair competition, with Article 30 of Law 1806/88 about stock market crimes, with the offenses of Law 2121/93 about the Protection of Intellectual Property, with the Article 252 PC and other crimes. Finally, in the last part of the work, reference is made to the European and international framework for protection against information technology abuses, when examining the convergence of our national legislator with the European legislator, since it seems that the national legislator "faithfully obeys" and agrees with the European commands on the level of confidentiality, but without missing points and controversy.

Law and Legislation

Criminal Law

confidential data, computer components or programs, state secrets, business secrets, legitimate owner, security measures, computer crimes

Yes

2

No

48

97

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https://pergamos.lib.uoa.gr/uoa/dl/object/2195031