From the Borderless Digital Chambers to Prison’s Four Walls After Committing Personal Data Unlawful Acts
From the Borderless Digital Chambers to Prison’s Four Walls After Committing Personal Data Unlawful Acts

Author(s): Larisa-Mădălina MUNTEANU
Subject(s): Criminal Law, ICT Information and Communications Technologies
Published by: Asociatia Romana pentru Asigurarea Securitatii Informatiei
Keywords: cybercrimes; electronic data; global legal systems; imprisonment; personal data protection;
Summary/Abstract: This paper represents a concise comparative presentation of how and why can imprisonment be a penalty in different legal systems when committing cybercrimes that affect personal data. Yet, since personal data is closely linked to cybersecurity (especially in cases of non-compliance with regulatory standards), the subject matter herein will focus on the subsequent relationship between personal data and cybercrimes, but from a peculiar perspective - how impactful unlawful acts can be so as to result in criminal convictions. It relies, therefore, on a symbiosis of acknowledging where personal data sits in the cybercrimes’ ecosystem and applying this to the most threatening cases identified by global regulators. In this context, the current research is contingent on mirroring the major legal models worldwide, based on which these offences are sanctioned with imprisonment. It is utterly thought-provoking to analyse how the contrasting legal provisions are driven by a common goal: preventing cybercrimes or, as the case may be, minimising their consequences. All these differences have, essentially, homogenous values at a foundational level. Particularly, that foundational level is the research core of this paper.

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