The offence of illegal access to an IT system in the case of interrogating a database by exceeding the limits of authorization. Case-law and comments

Abstract

Although the provision regulating the offense of illegal access to an IT system is not new in Romanian legislation, recently, an inconsistent practice has been developed in relation to these provisions, regarding the conduct of an official who, due to their profession, has the right to access databases containing confidential information or personal data and accesses these data for purposes other than those prescribed by the rules governing their use.

This paper attempts to provide some answers related to the regulation of the crime of illegal access to an IT system by referring to recent case-law and elements of comparative law.

The paper contains an analysis of recent case-law on the issue and references to foreign case-law, as well as international trends in this field.