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Violacion de Datos Personales Costa Rica

Artículo 196 bis.- Violación de datos personales

Será sancionado con pena de prisión de tres a seis años quien en beneficio propio o de un tercero, con peligro o daño para la intimidad o privacidad y sin la autorización del titular de los datos, se apodere, modifique, interfiera, acceda, copie, transmita, publique, difunda, recopile, inutilice, intercepte, retenga, venda, compre, desvíe para un fin distinto para el que fueron recolectados o dé un tratamiento no autorizado a las imágenes o datos de una persona física o jurídica almacenados en sistemas o redes informáticas o telemáticas, o en contenedores electrónicos, ópticos o magnéticos.

La pena será de cuatro a ocho años de prisión cuando las conductas descritas en esta norma:

a) Sean realizadas por personas encargadas de administrar o dar soporte al sistema o red informática o telemática, o bien, que en razón de sus funciones tengan acceso a dicho sistema o red, o a los contenedores electrónicos, ópticos o magnéticos.

b) Cuando los datos sean de carácter público o estén contenidos en bases de datos públicas.

c) Si la información vulnerada corresponde a un menor de edad o incapaz.

d) Cuando las conductas afecten datos que revelen la ideología, la religión, las creencias, la salud, el origen racial, la preferencia o la vida sexual de una persona.

(Así adicionado por Ley N° 8148 de 24 de octubre del 2001 y posteriormente reformado en la forma indicada por el artículo 1° de la Ley N° 9048 del 10 de julio de 2012, «Reforma de la Sección VIII, Delitos Informáticos y Conexos, del Título VII del Código Penal»)

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7 thoughts on “Violacion de Datos Personales Costa Rica

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    References:

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