Industrial espionage: methods and examples. St. 183 OF THE CRIMINAL CODE. Illegal receipt and disclosure of information constituting commercial, tax or banking secrets
Table of contents:
If you think that spies exist only in a Hollywood movie about the cold war or Soviet films about scouts, you are deeply mistaken. In the modern world of espionage and his methods are actively developing. Political leaders of world powers cooperate with each other, clearly aware that mutual spying continues to this day in all spheres of life: politics, business. Special agents develop new modern methods of dealing with international and industrial espionage.
What is espionage?
Under the espionage understand:
- Collecting data defining a secret, by any illegal means (theft of documents, bribery of officials).
- Disclosure, use of the data constituting secret, without the knowledge of their owner by a person who learned them.
Information relating to the activities of legal entities and individuals, is valuable not only for the organizations and citizens, but also for their competitors and detractors. This is the reason of its disclosure or due to the interest of the persons or guidance on this law. Undisclosed information is the secret of this or that sphere of activity.
Forms of industrial espionage can be legal and illegal.
Espionage
The Object of criminal attacks - legal relations emerging in the handling of information constituting a commercial secret. It is the information, not the media (disk, diskette, paper) on which it is located, is the subject of the crime .
The Attack on the secret information can be deliberately thought out in the case that the disclosure or use of these data is carried out by the person to whom the secret information become known at the time of execution of his official duties or duty (including the state).
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The espionage Charges against the people who, by their unlawful actions with the information can damage the business entities or civilians. You must know that the illegal disclosure of personal information against the will of individuals is a violation of his rights to the inviolability of his personal life, spelled out in the Constitution.
Subjects of espionage
The Subject of a criminal assault or spy can be any person:
- Older than sixteen years;
- Become the owner of secret data constituting a commercial secret, by virtue of their job duties;
- Current to achieve the criminal result for any reason and by any available means.
Trade secret
The Information constitutes a trade secret are data of any nature (economic, industrial, technical, political).
Bank and commercial secret have a common legal basis, but vary in volume and content characteristics. Bank secrecy has a set of special features, but it always has value and is therefore a kind of commercial secrecy.
Bank secrecy
- Personal data of the customers of the Bank;
- Information about transactions, customer accounts, deposits and liabilities, the cells of the Bank;
- Other information, installed from a commercial Bank.
The importance in the sphere of information constituting a secret of the banking sector, is the time that the provision of such information to the authorities and officials. The law provides a list of individuals and organizations with the ability to query data:
- Customers or their representatives. In the event of death of the client data is communicated to the persons stated in the will left at banks, notary's offices on hereditary Affairs clients.
- Foreign consular offices (in respect of accounts of foreign nationals).
- Government agencies and their officials (representatives of courts, the accounting chamber of the Russian Federation, FTS of the Russian Federation, customs bodies of the Russian Federation) according to paragraph two of article 857 of the civil code.
- The investigators are in their cases with the permission of the Prosecutor.
- The Federal service for financial monitoring authorised to take all possible measures on counteraction of legalization of incomes earned by illegal means.
The Central Bank of the Russian Federation has no right to disclose information from the reports of commercial banks, obtained through the execution of its control functions. Audit organizations and their employees carrying out their professional activities, have no right to talk to unauthorized persons information about client transactions, accounts, deposits and liabilities to credit institutions.
Tax secrecy are almost all the inspectors received information about legal entities and citizens. The exception is:
- The information disseminated by a person alone or with its consent;
- Was;
- Data on violations in the sphere of tax legislation, the sanctions for these offences;
- Information provided by the Executive authorities of foreign countries.
The Information is secret when:
- Have commercial value by virtue of not disclosing it to outsiders, citizens and organizations;
- Restricted access by unauthorized persons in accordance with a regulatory act;
- The owner of the information takes measures to prevent the illegal receipt and disclosure of information, that is, enters a restricted mode of access to the secret.
An Industrial secret allows the holder or distributor:
- To increase revenues and reduce costs;
- Profit;
- To avoid unnecessary risks;
- Keep the leading position on the market of goods;
- To obtain the benefit (to raise awareness of the brand).
Public information
Information that cannot constitute a commercial secret shall be regulated by normative-legal acts:
- Constituent documents (the Charter of the company, decisions of the meeting of founders, the certificate of incorporation, the certificate on statement on the tax account);
- The documents authorizing to engage in private business (registration certificates, licenses, permits, patents);
- Information on the forms of reporting on business operations, financial condition;
- Other information necessary for the correctness of calculation and transfer of tax payments and other obligatory fiscal payments;
- Documents on payment of fees, duties and mandatory payments;
- Annual accounts of the company;
- Information concerning the privatization of information about the Issuer of the securities officially traded on exchanges.
Regulations
Dissemination of sensitive information is regulated by the following laws:
- The Civil Code of the Russian Federation;
- Law on commercial secrets.
- Approved by presidential decree the list of information of a confidential nature.
How to know a secret?
The Objective side of industrial espionage is the gathering of information constituting a guarded secret. The methods can be very diverse. A necessary condition for the qualification of an act as espionage is the lack of free access to information and the adoption of all measures for the protection of classified information.
As methods of industrial espionage are:
- Theft of information constituting secrecy (theft of documents, removable media);
- Bribery and blackmail officials of the enterprises;
- Blackmail (threats) owners the mysteries of the disclosure, demands ransom for the return of information carriers;
- Processing methods (spyware, hacker attacks on corporate networks).
Penalties for spying
The Current version of article 183 of the criminal code contains various penalties for spying. The severity of punitive measures depends on the composition of acts. The most strict punishment from two to seven years of imprisonment is provided for in a pinch.
| Crime | Punishment | |||
| Penalty | Forfeiture of the right to occupy posts | Correctional | Forced | |
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