Publication date: 15.07.2024
Liability for breaches of information security in Ukraine
Introduction.
Breaches of information security can have serious consequences for individuals, organisations and the state. It is important to understand what legal consequences arise in the event of such breaches and what liability mechanisms apply to the perpetrators. In this article, we will consider the types of liability for information security breaches in Ukraine, the legal basis, and examples of such sanctions.
Types of liability for information security breaches
Administrative liability
Administrative liability for information security breaches is provided for by the Code of Ukraine on Administrative Offences (CUAO). The main violations and sanctions include:
- Unlawfulaccess to information (Articles 188-39 of the Code of Administrative Offences): A fine of 100 to 200 tax-free minimum incomes.
- Violation of the information protection procedure (Article 212-12 of the Code of Administrative Offences): A fine of 200 to 300 tax-free minimum incomes for individuals and 300 to 500 for legal entities.
Criminal liability
Criminal liability for information security breaches is provided for in the Criminal Code of Ukraine (CCU). The main articles of the CCU that provide for liability for information security breaches include:
- Unlawful collection, storage, use or dissemination of confidential information about a person without his/her consent (Article 182 of the CCU): A fine of up to 50 tax-free minimum incomes, or correctional labour for up to two years, or imprisonment for up to three years.
- Unauthorised interference in the operation of electronic computers, automated systems, computer networks or telecommunication networks (Article 361 of the CCU): Imprisonment for a term of three to six years with confiscation of software or hardware.
- Creation, use or distribution of malicious software or hardware (Article 361-1 of the CCU): Imprisonment for a term of two to five years.
- Violation of the rules of operation of automated electronic computing systems (Article 363 of the CCU): Imprisonment for up to three years or restriction of liberty for the same period.
Civil liability
Civil liability for breaches of information security includes the obligation to compensate for material and non-pecuniary damages caused by the breach. Such claims may be filed by affected individuals or organisations in court.
Disciplinary liability
Disciplinary liability applies to employees of organisations who have violated internal rules and policies on information security. This may include reprimands, dismissal or other disciplinary measures provided for by labour laws and internal regulations of the organisation.
Legal framework
Constitution of Ukraine
The Constitution of Ukraine enshrines the fundamental rights and freedoms of citizens, including the right to privacy and protection of personal data. These provisions form the basis for legal regulation of information security.
Law of Ukraine "On Protection of Information in Information and Telecommunication Systems"
This Law defines the basic principles and requirements for information protection in information and telecommunication systems, including information security measures, rights and obligations of subjects of information relations, as well as liability for violation of information security legislation.
Law of Ukraine "On Personal Data Protection"
This law regulates the processing and protection of personal data, establishes the rights of personal data subjects, the obligations of data owners and liability for violations of personal data protection requirements.
Law of Ukraine "On the Basic Principles of Ensuring Cybersecurity of Ukraine"
This law defines the legal and organisational framework for ensuring cybersecurity in Ukraine, including the protection of critical information infrastructure, cyber defence of state information resources and other aspects of cybersecurity.
Examples of information security breaches
Cybercrime
Cybercrime includes unlawful access to information systems, distribution of malware, data theft and other crimes related to information security. Such offences are subject to criminal liability.
Breach of confidentiality
A breach of confidentiality includes the unlawful collection, storage or dissemination of personal data without the consent of the data subject. Such violations are subject to administrative and civil liability.
Unauthorised access
Unauthorised access to information systems includes attempts to gain access to information without proper rights and permissions. Such violations are subject to criminal liability.
Failure to comply with cybersecurity requirements
Failure to comply with cybersecurity requirements includes failure to comply with legal requirements and regulations on the protection of information systems and data. Such violations are subject to administrative and disciplinary liability.
Protection of rights in the field of information security
State supervision and control
State supervision and control over compliance with information security legislation is carried out by authorised state bodies, such as the State Service for Special Communications and Information Protection of Ukraine (SSSCIP), the National Commission for the Regulation of Communications and Informatisation, the Security Service of Ukraine (SSU), etc.
Judicial protection
Individuals and organisations whose rights have been violated in the field of information security have the right to apply to court to protect their rights. The court may order compensation for damages, impose fines, prohibit further violations, etc.
Administrative protection
Public authorities have the right to impose administrative sanctions on information security violators, including fines, temporary suspension of activities and other measures.
Self-regulation
Organisations may implement internal policies and procedures to ensure information security, conduct internal control and audit, train employees and take other measures to prevent breaches.
Conclusion.
Liability for information security breaches in Ukraine includes administrative, criminal, civil and disciplinary liability. Ukrainian legislation establishes clear requirements for information security and provides for sanctions for their violation. Compliance with information security requirements is important for protecting the rights and interests of individuals and organisations, as well as for ensuring national security.
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