Hacking Facebook as a criminal offence
Matyáš Moska·
Supreme Court resolution 3 Tdo 74/2023: unauthorized access to a Facebook account – reading messages and confronting the victim with private data – constitutes computer espionage under § 230 of the Criminal Code. No actual property damage is required.
Supreme Court resolution 3 Tdo 74/2023: Unauthorized access to a computer system (hacking) means accessing a computer system without the consent of the owner or holder of rights, thereby gaining control of the system. A computer system includes devices or interconnected devices (including peripherals) that automatically process digital data.
Section 230(1) of the Criminal Code protects the confidentiality of computer data and systems; § 230(2) primarily protects their integrity and availability. Unauthorized use of stored data – "computer espionage" – is punishable even without causing damage or gaining benefit.
In the case, the defendant repeatedly logged into a private Facebook account using his phone number, accessed messages, posts and photos, and confronted the victim with private information. The court held that this violated her privacy and constituted unauthorized access. The offence is abstractly endangering, meaning no actual harm to property is required.