Brainjacking. Aspekty karnoprawne

Abstract

With the development of technology, the appearance of new threats for the security of society and individuals may be observed. Brainjacking, understood as unauthorised access to brain implants, may become one of them. It could be used to gain unlawful access to personal data and also (e.g. by changing parameters like frequency or voltage on electrodes) to cause distress or even serious injuries. The aim of the paper is to present behaviours that may be included in the conceptual scope of brainjacking and also types of prohibited acts (i.a. Articles 269a, 156, 157 and 160 of the Polish Criminal Code) whose statutory requirements might be met by such behaviours. Moreover, possible concurrence of legal rules is pointed out as well as the impact of new technologies on the form and content of human rights which may require a redefinition. The main research method used in the paper involves an analysis of the law in force.

Keywords

• brainjacking
• criminal law
• hacker
• human rights
• implant