On Friday, February 13, the Executive power published a legislative decree (DL) that creates and typifies the crime of disclosure of confidential information by a public servant or official.
“The purpose of this document is to protect the confidentiality of confidential information, in accordance with the current legal system, linked to criminal prosecution, investigations and police or fiscal proceedings,” the DL reads.
Furthermore, this new norm seeks to “strengthen the responsibility and ethics of public servants and officials who, due to their position, access said information, reinforcing transparency and institutional trust in the State.”
It also specifies that, for this purpose, the Penal Code, Legislative Decree 635, is modified in order to incorporate the aforementioned legal provision in chapter three (III) of title eighteen (XVIII) of the second book of article 409-C.
In this way, anyone who “improperly displays, filters, delivers, captures by any technical means, allows improper access or intentionally omits due protection of confidential information” will be punished.
The offender will be punished with a custodial sentence of not less than five nor more than seven years, disqualification in accordance with article 36, paragraphs 1, 2 and 8, and with one hundred eighty (180) to three hundred sixty-five (365) day fines.
Likewise, it is established that the sentence will be no less than seven nor more than ten years and its consequent disqualification, in accordance with article 36, paragraphs 1, 2 and 8, with a fine of 365 to 730 days, depending on the various cases that arise.
Among the aggravating factors, it will be considered if the leak frustrates or generates a specific risk in the execution of confidential fiscal or police procedures, or seriously compromises the continuity or result of the investigation or criminal process.
Also, when the agent, taking advantage of his functional position, commercializes the reserved information, obtaining or attempting to obtain an economic benefit, advantage or promise for himself or for a third party thanks to the information.
It is worth highlighting that it will not constitute a crime if the official leaks confidential information because he feels persecuted or when a journalist or media outlet, in the exercise of freedom of information and press, publishes it.
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