Cyberarataka: How do the business not hurt twice

Article 21 of the Law on Personal Data Protection provides a notification of the subject of personal data within 10 working days in the case of: transfer of personal data to a third party (for example, hackers); changes, deleting or destroying personal data or restricting access to them.

In addition, companies are obliged to protect personal data from accidental loss or destruction, from illegal processing, including illegal destruction or access to personal data (Article 24 of the Law on Personal Data Protection). For violation of the legislation provides: administrative liability from UAH 5100 to UAH 34000 (Article 188-39 of the Code of Administrative Offenses); Criminal liability up to 3 years of restraint of liberty (Article 182 of the Criminal Code of Ukraine).

A lawsuit may also be filed for damages. Therefore, in the case of a hacker attack that led to the leakage of personal data, I advise you to pay attention to the criminal law, which will help minimize harmful consequences. Today, criminal liability is established by Art. 361 and 361-2 of the Criminal Code of Ukraine. The circumstances of unauthorized intervention, sale or dissemination of such information, which are then detailed in the statement, should be documented.

It is better to contact her immediately to the Cyber ​​Police Department of the National Police of Ukraine. Since almost always unauthorized intervention is related to considerable material damage to the business, it is worth looking at the civilian claim. If a person who has committed the offense is established (which, unfortunately, in such categories of crimes is not always possible).

However, failure to file a civil claim in criminal proceedings does not deprive the victim of the right to file a claim in accordance with civil proceedings. In this case, criminal and civil cases will be considered by the courts separately (it is likely to terminate the hearing of the civil case before the court's decision on a criminal case).