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Article 27 — Violation of Privacy

  1. Any national who commits any of the following acts commits an offence:

    1. Unlawful interception, monitoring, or recording of private communications without the consent of the parties to those communications.
    2. Unlawful access to, or disclosure of, personal data or private information, beyond what is sanctioned under the Data Protection Code.
    3. Surveillance of a person's private activities without lawful authority.

  2. An offence under this Article is aggravated where:

    1. It is committed by a public officer.
    2. It is committed through the abuse of access to State systems.

  3. An offence under paragraph 1, absent any aggravating circumstance, is classified as a serious offence. Where an aggravating circumstance under paragraph 2 applies, the offence is classified as a grave offence.

  4. A person convicted of a serious offence under this Article is liable to any combination of the following sanctions, in accordance with Article 10:

    1. A fine of not less than $5,000 and not exceeding $50,000.
    2. Public censure.
    3. Exclusion from State systems.

  5. A person convicted of a grave offence under this Article is liable to any combination of the following sanctions:

    1. A fine of not less than $50,000 and not exceeding $500,000.
    2. Public censure.
    3. Exclusion from State systems.

  6. This Article is without prejudice to the administrative sanctions and remedies available under the Data Protection Code, including those set forth in Article 27 of the Data Protection Code.