The protection of digital data is one of the great objectives of our time, in view of the infringing behaviors that can occur (see for example, G. Thierry, La Pêche à la ligne, le jackpotting et le hacker Russophone, Dalloz actualité, 18 May 2021; J. Eynard and M. Monteil, Journalization: the CNIL presents its draft recommendation, Dalloz actualité, June 11, 2021). Within the book relating to crimes and offenses against property of the penal code, the legislator dedicates a chapter to attacks on automated data processing systems (art. 323-1 to 323-8). Case law plays an important role in the repression of these offenses in that it clarifies their content, as evidenced by the judgment rendered by the criminal chamber on June 8, 2021.
In this case, a clerk of the commercial court denounced to the public prosecutor the disappearance of a judgment, both in the computer history of the commercial court registry and in the minute book, which he attributed to his partner. The investigation resulted in the summons of the partner in question, before the criminal court, in particular the head of data deletion resulting from fraudulent access to an automated data processing system. The criminal court first reclassified these facts as fraudulent deletion of data contained in a STAD and then found him guilty. An appeal was lodged primarily by the respondent and by the public prosecutor as …
–
