Zaštita tajnih podataka u digitalnoj formi - bezbednosni i krivičnopravni aspekti

Abstract

The protection of classified information is one of the priority tasks of the subjects of national security, because their preservation prevents the occurrence of damage to important public interests. A particular security challenge arises with the fact that numerous data are being moved to cyberspace, which, although it brings great practical advantages, gives rise to various risks to their security. The protection of classified information is the subject of a special law, which, with the accompanying bylaws, regulates it in detail. This paper is dedicated to the analysis of the actual situation in the field of protection of digital classified information in terms of the application of key legal solutions, as well as to considering the role and importance of criminal law, i.e. the quality of applicable criminal law norms. To determine the implementation problems, the authors briefly presented the normative framework and conducted an interview with an expert, seeking to shed light on the practical security aspect of the phenomenon of protection of classified information in digital form. By analyzing the provisions of the Criminal Code and the penal provisions of the Law on Data Secrecy, the authors note the systemic inconsistency of the relevant legal provisions and propose solutions de lege ferenda.