Recent changes in the Polish Criminal Code regarding “computer crimes” that were introduced by the the Act to amend the Act – the Criminal Code and certain other acts of 24 October 2008, Journal of Laws (Dziennik Ustaw) No. 214, item 1344, which entered into force on 18 December 2008.
Chapter XXXIII. Offences against the protection of information
Article 265. § 1. Whoever discloses or, in violation of the law, uses information which constitutes a state secret
shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years.
§ 2. If the information specified in § 1 has been disclosed to a person acting in the name of or for a foreign entity, the perpetrator
shall be subject to the penalty of deprivation of liberty for a term of between 6 months and 8 years.
§ 3. Whoever unintentionally discloses the information specified in § 1, with which he has become acquainted in the performance of his official function or authorisation delegated to him
shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to one year.
Article 266. § 1. Whoever, in violation of the law or obligation he has undertaken, discloses or uses information with which he has become acquainted with in connection with the function or work performed, or public, community, economic or scientific activity pursued
shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.
§ 2. A public official who discloses to an unauthorised person information which is an official secret or information with which he has become acquainted in the performance of his official duties and whose disclosure can endanger a legally protected interest
shall be subject to the penalty of deprivation of liberty for up to 3 years.
§ 3. The prosecution of the offence specified in § 1 shall occur on a motion of the injured person.
Article 267. § 1. Whoever, without being authorised to do so, acquires information not destined for him, by opening a sealed letter, or connecting to a wire that transmits information or by breaching electronic or bypass, electronic, magnetic, information or other special protection for that information
shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.
§ 2. The same punishment shall be imposed on anyone, who without being authorised to do so acquires access to whole or part of an information system.
§ 3. The same punishment shall be imposed on anyone, who, in order to acquire information to which he is not authorised to access, installs or uses tapping, visual detection or other special equipment.
§ 4. The same punishment shall be imposed on anyone, who imparts to another person the information obtained in the manner specified in § 1-3 discloses to another person.
§ 5. The prosecution of the offence specified in § 1–4 shall occur on a motion of the injured person.
Article 268. § 1. Whoever, not being himself authorised to do so, destroys, damages, deletes or alters a record of essential information or otherwise prevents or makes it significantly difficult for an authorised person to obtain knowledge of that information,
shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.
§ 2. If the act specified in § 1 concerns the record on an electronic information carrier, the perpetrator shall be subject to the penalty of deprivation of liberty for up to 3 years.
§ 3. Whoever, by committing an act specified in § 1 or 2, causes a significant loss of property
shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years.
§ 4. The prosecution of the offence specified in § 1-3 shall occur on a motion of the injured person.
Art. 268a. § 1. Whoever, without being authorised to do so, destroys, damages, removes, changes lub makes an access to data difficult or in a significant way disrupts or prevents from the automatic process, gathering or transmission of such data,
shall be subject to the penalty of deprivation of liberty for up to 3 years.
§ 3. Whoever, by committing an act specified in § 1, causes a significant loss of property
shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years.
§ 3. The prosecution of the offence specified in § 1 or 2 shall occur on a motion of the injured person.
Article 269. § 1. Whoever destroys, deletes or changes a record on an electronic information carrier, having a particular significance for national defence, transport safety, operation of the government or other state authority or localgovernment, or interferes with or prevents automatic collection and transmission of such information
shall be subject to the penalty of deprivation of liberty for a term of between 6 months and 8 years.
§ 2. The same penaly should apply to a person who commits offences mentioned in § 1, by destroying or replacing the information carrier or by destroying or damaging a device serving for automatic processing, gathering or transfering of information data.
Art. 269a. Whoever, without being authorised to do so, by transmission, destroy, removing, damaging or changing information data, in significant manner disrupts the work of a computer system or a teleinformatic network,
shall be subject to the penalty of deprivation of liberty for a term of between 3 months up to 5 years
Art. 269b. § 1. Whoever, produces, acquires, sells off or makes available to other persons devices or computer software adapted to perform a crime mentioned in art. 165 § 1 pt 4, art. 267 § 2, art. 268a § 1 or § 2 in connection with § 1, art. 269 § 2 or art. 269a, and computer passwords, access codes or other data that allow for the access to information stored in a computer system or teleinformatic network,
shall be subject to the penalty of deprivation of liberty for up to 3 years.
§ 2 In case of a conviction for an offense referred to in § 1, the court rules the forfeiture of items, and may decide their forfeiture if they were not the property of the perpetrator.
