Cybersecurity - New decision of the Swiss Federal Court
Recently, the Swiss Federal Court rendered a decision in which it considered that the unauthorized access to a password-protected third party’s email account is punishable no matter the circumstances surrounding the obtaining of the password.
In this case, the Swiss Federal Court confirmed the conviction for unauthorized access to a
data processing system (Art. 143bis of the Swiss Criminal Code) of a woman who accessed to her estranged husband’s email account after having fortuitously found in the former matrimonial apartment a card on which the password was written.
In a nutshell
- Access to a third party’s email or social network account without his/her authorization is a criminal offense.
- Even if the password is voluntarily or negligently communicated, (e.g. in a fishing case, it shall not be an excuse against a criminal offense when such password is used by the third party for another purpose than the one indicated at the time of the transmission).
- SME and companies who did not regulate access to their employees’ emails bear a criminal risk in the event of unauthorized access.
Based on its in-depth experience, sigma legal provides its clients advice in cybersecurity.